‘NSW considers laws to stop courts and planners blocking coalmines on climate grounds’ is the lead in an SMH report of 23 October 2019, on page 5.
The NSW government is considering its options to block judicial and administrative review of coalmining applications based on specific climate change implications. The specific implications of concern are overseas greenhouse gas emissions from export coal.
By way of background…
On 08 February 2019, NSW Land and Environment Court Chief Judge Preston delivered a landmark decision in Gloucester Resources Limited v Minister for Planning [2019]. In that case, the court found against the proposed Rocky Hill Coal Project in the Hunter Valley. This decision was in part because of climate change impacts of the proposed coalmine.
On 29 August 2019, the NSW Independent Planning Commission (IPC) conditionally approved the expanded United Wambo Coal Project, near Singleton. The IPC imposed the following condition:
[S]cope 1 and 2 greenhouse gas emissions (GHGEs) have been adequately minimised as far as practicable and within the capacity of the Applicant to control. As identified by the Applicant, Scope 3 GHGEs would also be minimised as far as practicable, as the most likely export destinations for the Project’s coal will be to countries that are a party to the Paris Agreement or that otherwise have equivalent domestic policies for reducing GHGEs. Accordingly, a proposed condition of consent is imposed to implement this. (emphasis added)
On 18 September, the IPC refused development for a new coalmine at Bylong, near Mudgee. The IPC found the application ‘…raised significant concern about long-lasting environmental impacts’. In the IPC Statement of Reasons, there is the following:
Greenhouse gas aspects of the Project remain problematical
In its above 23 October report, the SMH notes that the NSW Minister for Resources, Mr Barilaro, said that new laws would prevent overseas emissions from export coal being considered in local mining decisions. The report quotes him as follows:
The government has a very clear policy when it comes to the consideration of scope-three emissions and this will now be enshrined in legislation and through changes to the Mining State Environmental Planning Policy (SEPP)
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About the author
Paul Akon
Lecturer
School of Law
