The Appeal and your right to be heard
If you made an objecting submission against the expansion of Martins Creek Quarry you should have received by email a “Notice of Appeal” (the Notice) from the Independent Planning Commission on or around the 27th of October 2023. Objectors who received the Notice are entitled to be heard by the Court.
It is vitally important that you lodge an application to the Court to be heard before the deadline of 24 November 2023.
This will be everyone’s final opportunity to communicate lived experiences, impacts, issues and concerns relating to the Proposal. In a similar way that we did with the IPC Commissioners. It is likely we will be given opportunity to provide written and aural submissions to the Court to be considered.
How to a make an application to be heard
Follow these simples steps;
1. Download the template letter from this link, or compose your own letter
2. Attach the letter to an email and send to the NSW Land and Environment Court email address: lecourt@justice.nsw.gov.au
3. Forward a copy of the email transmittal to the Crown Solicitor’s Office using the email address: crownsol@cso.nsw.gov.au
Please complete the above transmittal no later than the 23rd of November 2023.
Whilst you may feel that you can not possibly bear to go through another round of submissions, this will be the LAST OPPORTUNITY to communicate the lived experiences and impacts to the decision maker. This will be the final role of the dice and everyone’s submissions to the Court will be vital.
Based on MCQAG’s experiences the Court is very accommodating and supportive to residents when making their submissions to the Court
If you require assistance with making your application to be heard feel free to call or email MCQAG on the details below.
Frequently Asked Questions
Why is there an appeal? There is an appeal because under the planning law the proponent of the development application is entitled (within 6mths of the determination) to appeal the decision. So in short Daracon are exercising their lawful right to have the decision re-assessed by the Court.
Why do we have to make another submission when we have already made two or three submissions in relation to the issues already, wont the Courts read our previous submissions? It is possible that the Court may not read the historical submissions made by residents. It is also vitally important that the Judge hears directly from impacted residents so he or she can hear firsthand the issues, impacts and lived experiences of the proposal.
How do I make an application to be heard by the Court? Follow the information detailed above, feel free to call us on the number below if you need assistance.
Do i need a lawyer to give me legal advice on this issues? MCQAG’s understanding is that makning and application to be heard does not require legal advice or representation.
Will I be required to attend the Court in person if so where will that be? The Court has advised MCQAG that once they collate all the applications to be heard that they will make a decision on the procedure for objectors to address the Court. It may be that they hold a hearing nearby to Paterson. It could be by video conference at Tocal or they could require objectors to attend the Court in Sydney.
I cant drive to Sydney it is too far away? don’t worry we will be arranging a bus and car pooling if it eventuates that the Court require residents to attend the Court in Sydney.
I don’t want to speak I would prefer to make another written submission can I just do that? We wont know until the Court makes a decision on the procedure for being heard, they may well give an opportunity for objectors to lodge written submissions. We will update our website once the Court advises further.
Will my submission really make a difference? Most definitely, under Class 1 proceedings the Court is allowed to consider ANY evidence in making a decision, any evidence could most definitely be detailed submissions from residents just like the ones that occurred at Tocal last year, If the Court hears the issues the Judge will almost certainly consider the relevance and issues raised in his or her decision.
Will residents be able to attend the Conciliatory Conference scheduled to occur on the 21st March 2024 between the parties at Martins Creek Quarry site? As far as we understand the conciliatory conference is a confidential conference that can only be attended by the parties to the appeal (i.e. Daracon and the IPC).