By Paul Lalich
In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc, the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court (LEC) to refuse approval for the expansion of the Warkworth Mine near Bulga, NSW. The Court of Appeal decision contains some useful lessons for proponents of major projects, specifically with respect to project design and assessment, and also in how best to manage appeals. The case highlights inefficiencies in the major projects assessment process and areas for reform.
This article first appeared in Volume 29, Number 8 of the Australian Environment Review.