The Hub Action Group Inc v the Minister for Planning and Orange City Council

March 2008

EDO NSW successfully represented The Hub Action Group, a group of local residents opposed to a proposal to develop 'the Hub' regional waste facility on agricultural land near Molong.

The proposal was opposed primarily because it was likely to limit the ability to use the land for agricultural purposes, even after closure of the landfill. Productive agricultural land is a scarce resource which needs to be protected for future generations.

In a decision handed down on 17 March 2008, Justice Preston of the Land and Environment Court agreed that the proposal was not sustainable, partly because it was likely to adversely affect the long term use, for sustained agricultural production, of the area and the adjoining prime crop and pasture land.

EDO NSW is grateful to barristers Malcolm Craig QC and Ian Hemmings for their assistance in this matter.

Case Summary Judgment