Yesterday the NSW Court of Appeal handed down it's decision on an appeal brought by Daracon against the Land & Environment Court Decision issued by Justice Molesworth in October 2018.
The appeal was heard by Justices Basten, Gleeson and Chief Justice Preston, and they upheld the key findings of the primary judge; that Daracon contrary to the current development consent are unlawfully extracting rock other than primarily for railway ballast, quarrying beyond the area to which the consent applied, dispatching a greater percentage of material by road than was allowable. Their honors also upheld the finding of Justice Molesworth that the 2007 EPL variation issued by the EPA was invalid.
The orders and restraints made by the Court of Appeal decision have been stayed for 3 months as Justice Preston notes to allow time for the State significant development application to be determined and for the appellants otherwise to arrange their affairs and operations to comply with the law
You can read the full details of the appeal decision at this link.
This decision now confirms what lawful operations can continue from the site. The MCQAG committee will be seeking advice as to what this decision means for the State Significant Development Application (SSDA) as it will presumably set new Environmental Baselines upon which Environmental Assessments must be made.