Timbarra Protection Coalition Inc v Ross Mining NL & Ors

February 1998 & February 1999

The Coalition, represented by EDO NSW, challenged the failure of a mining company, Timbarra Gold Mine, to undertake a Species Impact Statement for extensions to its mine in Malara State Forest.

The Coalition was unsuccessful in the Land and Environment Court but won on appeal to the Court of Appeal. The decision highlighted the legal requirement of an objective scientific assessment as part of the development assessment process and the obligations of decision-makers to fully consider the likely impacts of development on threatened species, rather than relying only on information supplied by developers.

This has significant implications for the protection of threatened species and the environment generally in NSW.

EDO NSW is grateful for the assistance of Mr T F Robertson, barrister who acted as counsel for Timbarra Protection Coalition Inc.

Judgment Appeal