Order Description
Kennedy Coal Pty Ltd (Kennedy Coal) wants to build a large $1.2 billion open-cut coalmine on land which it owns in the Hunter Valley in New South Wales. The mine will produce up to 6.5 million tonnes of coal per annum, primarily for the export market. There are farms and vineyards on adjoining properties. The owners of these properties are concerned about the impact of noise and dust from the proposed coalmine on their properties. The Hunter Valley Environment Centre (the Environment Centre) asks you for a legal advice in which you:

(1) explain the relevant planning and development control law provisions with which Kennedy Coal Pty Ltd must comply in order to build the coalmine;
(2) set out if and how the projected greenhouse gas emissions from the project will be factored into the development decision making processes; and
(3) explain any legal avenues for challenging and/or appealing any approval of the coalmine under the Environmental Planning and Assessment Act 1979 (NSW) and/or the Environment Protection and Biodiversity Conservation Act 1999 (Cth). In this section of the advice, you should refer to and discuss at least three cases involving challenges to approvals of coalmines in New South Wales.