In a win for the climate, the NSW Court of Appeal on July 24 overturned the 2022 Independent Planning Commission’s (IPC) approval of MACH Energy Australia’s proposal to expand its Mount Pleasant coal mine in the Hunter Valley.
The Land and Environment Court, in August last year, then rejected a community appeal for a judicial review. The Denman Aberdeen Muswellbrook Scone Healthy Environment Group (DAMS HEG) then appealed this rejection to the Court of Appeal, on the grounds that the IPC had failed to consider climate impacts when it granted the Mount Pleasant mine extension approval.
“We warmly welcome the court’s decision to uphold our appeal,” DAMS HEG president Wendy Wales said on July 25. “The burning of fossil fuels, like thermal coal mined at Mt Pleasant, is destabilising the earth’s climate equilibrium and that is causing increasingly destructive weather events all over the world, including in NSW.”
She said communities are enduring “increasingly terrifying climate disasters” and “yet our governments are continuing to throw fuel on the fire by approving massive new coal projects”.
She said it shouldn’t be up to small community groups to fight this global battle “but, in the absence of meaningful government action … we felt we had no choice but to stand up for our children and grandchildren, the public interest, the rule of law and nature itself”.
The Land and Environment Court must now consider whether the consent can be validated without going back to the IPC for a new decision.
Elaine Johnson, environmental lawyer and Johnson legal director, described the NSW Court of Appeal decision as “truly groundbreaking”. She said it “will fundamentally change the way proposals for new and expanded fossil fuel projects are assessed in NSW.
“The NSW government has consistently said that when deciding on new and expanded fossil fuel projects, the [IPC] does not need to consider climate harm arising from emissions, including exported [Scope 3] emissions.
“The NSW Court of Appeal has just confirmed that the local impacts of climate change on communities are a direct consequence of continued fossil fuel production in NSW. From today, climate harm must be specifically considered when deciding proposals for fossil fuel expansions.”
The decision was made less than 12 hours after the International Court of Justice ruling, which confirmed that states and corporations are responsible for climate harm arising from fossil fuel production.
Marie Flood from Sydney Knitting Nannas told Green Left that this “stunning decision” has implications for NSW Labor’s plans to expand coal mining.
“The implications of this case are far-reaching. The proponents of coal mining now have to take action on Scope 3 emissions. How can coal expansion go ahead now?”
Flood said the ICJ’s ruling makes it clear that Australia is under the gun for climate crimes. “Furthermore, the case was held in the same week as the recent massive flooding in the Hunter Valley, which caused five people to drown.
“Knitting Nannas salutes Wendy [Wales] and Tony [Lonergan] from DAMS HEG for their long and courageous fight in a difficult social environment.
“The Knitting Nannas listened to barrister Naomi Sharp present the case against the mine expansion. It included incredible research and effectively brings together previous cases.
“Our special thanks to the legal team and to all the climate activists who contributed to this wonderful result. The fight against coal mining continues.”