English
This case was concerned with an appeal brought forward by Bulga Milbrodale Progress Association Inc against the Minister of Planning’s decision to approve the extension of a coal mine in the area. The appellant claimed that the project should be refused, because of the significant biological diversity, noise, dust and social impacts.
The court agreed with them and found that the Project would have unacceptable impacts on biological diversity, including on endangered ecological communities, that could not be avoided, mitigated or compensated. Furthermore, the social and noise impacts on the residents were found to be too intrusive. In balancing these issues against the economic benefits, the court decided to uphold the appeal and disapprove the development application for the extension of the coal mine.