Monday, 27 April 2015
NSW Supreme Court rejected CSG miner Metgasco's contention that the NSW Government acted unreasonably in finding its community consultation process "inherently ineffective"
74. Fourthly, to the extent that Metgasco submitted that it was unreasonable for the Delegate to find that the consultation undertaken was inherently ineffective, in the sense of lacking attributes and qualities that would make it efficacious, I respectfully reject that submission. The Delegate was entitled, by way of more than one pathway leading to the guidelines, to consider whether Metgasco had engaged in consultation that could be characterised as being effective in its attributes but not its results. That includes whether the community consultation plan was sufficient. I do not propose to engage in an impermissible review of the merits of that decision; to my mind it was not so unreasonable to be amenable to judicial review. It follows that, if this were the only ground upon which Metgasco relied, I would not intervene on the basis of it.