The Gerroa Environment Protection Society Inc v Minister for Planning and Cleary Bros (Bombo) Pty Ltd

May 2008

EDO NSW assisted the Gerroa Environmental Protection Society (GEPS) in their Land and Environment Court appeal against the Planning Minister’s approval of an extension to a sand quarry at Gerroa on the NSW South Coast.

The development was approved as a major project under Part 3A of the Environmental Planning and Assessment Act 1979.

GEPS claimed that the safeguards contained in a sand mining approval did not go far enough, particularly with regards to endangered ecological communities on the site. GEPS launched a merits appeal seeking to have the approval overturned, or better conditions attached.

The hearing concluded on 10 March 2008 and the Court handed down its decision approving the development on 16 May 2008.

Although the quarry was ultimately approved, by bringing the action GEPS succeeded in pressuring the proponent to improve the development's environmental safeguards. The Court also attached additional conditions to the development consent with the result that the environmental impacts of the development have been markedly reduced.

 Case Summary Judgment