Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:
1. The applicant in these appeal proceedings is Buttai Gravel Pty Ltd (BG). BG is the operator of Martins Creek Quarry (quarry), an existing hard rock quarry enterprise located in the Dungog Shire Council (DSC) Local Government Area (LGA). BG appeals under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of a fresh development application (DA) which would provide for an expansion of currently approved quarry operations and associated development.
2. The DA is State significant development within the meaning of s 4.36(1) of the EPA Act, and the consent authority is the NSW Independent ...