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The Age
5 days ago
- Business
- The Age
Court overturns massive coal mine approval on climate grounds
A court has overturned the 2022 approval of a massive Hunter Valley coal mine in a landmark ruling that sets a clear precedent that planning authorities must consider the local impact of global climate change. The decision by the full bench of the NSW Court of Appeal invalidates the permission for Indonesian company MACH Energy to extend the Mount Pleasant coal mine near Muswellbrook for another 22 years after its current approval expires in 2026. The project would generate emissions equivalent to 876 megatonnes of carbon dioxide, planning documents say, and about 98 per cent of that would be from customers burning the coal overseas. Elaine Johnson, the environmental lawyer for Denman, Aberdeen, Muswellbrook and Scone Healthy Environment Group, said it was a 'significant decision for climate change considerations on new and expanded fossil fuel projects in NSW'. 'The fact that the emissions will be generated overseas does not make any difference to the mandatory duty of the NSW Independent Planning Commission to look at what the likely impacts of this coal mine expansion will be on the local community and the people in the environment of NSW,' Johnson said. 'This covers all projects, not just this particular mine – it is, of course, highly relevant to any applications for fossil fuel projects in NSW.' Anti-fossil fuels group Lock the Gate says there are 18 coal proposals at various stages in the NSW planning system. The court found that the Independent Planning Commission must consider the causal link between the project's scope-three emissions and climate change, and the effect that would have on the locality of the Mount Pleasant mine.
Sydney Morning Herald
5 days ago
- Business
- Sydney Morning Herald
Court overturns massive coal mine approval on climate grounds
A court has overturned the 2022 approval of a massive Hunter Valley coal mine in a landmark ruling that sets a clear precedent that planning authorities must consider the local impact of global climate change. The decision by the full bench of the NSW Court of Appeal invalidates the permission for Indonesian company MACH Energy to extend the Mount Pleasant coal mine near Muswellbrook for another 22 years after its current approval expires in 2026. The project would generate emissions equivalent to 876 megatonnes of carbon dioxide, planning documents say, and about 98 per cent of that would be from customers burning the coal overseas. Elaine Johnson, the environmental lawyer for Denman, Aberdeen, Muswellbrook and Scone Healthy Environment Group, said it was a 'significant decision for climate change considerations on new and expanded fossil fuel projects in NSW'. 'The fact that the emissions will be generated overseas does not make any difference to the mandatory duty of the NSW Independent Planning Commission to look at what the likely impacts of this coal mine expansion will be on the local community and the people in the environment of NSW,' Johnson said. 'This covers all projects, not just this particular mine – it is, of course, highly relevant to any applications for fossil fuel projects in NSW.' Anti-fossil fuels group Lock the Gate says there are 18 coal proposals at various stages in the NSW planning system. The court found that the Independent Planning Commission must consider the causal link between the project's scope-three emissions and climate change, and the effect that would have on the locality of the Mount Pleasant mine.
The Guardian
6 days ago
- Business
- The Guardian
‘Significant legal breakthrough' as NSW court blocks state's largest coal expansion over emissions
The New South Wales court of appeal has overturned the approval of the largest coalmine expansion in the state after a community environment group successfully argued the planning commission failed to consider the impact of all of the project's greenhouse gas emissions. The decision is a significant blow for MACH Energy's Mount Pleasant coalmine expansion in Muswellbrook in the upper Hunter and one that climate advocates say could have wider implications for future fossil fuel project proposals in NSW. The court found the independent planning commission was required and failed to consider the impacts of all emissions associated with the project on the local environment, including from the exported emissions – known as scope 3 emissions – when the coal is sold and burnt overseas. The commission approved the Mount Pleasant mine expansion in 2022. The project would double the mine's coal output to 21m tonnes per annum until 2048 and 98% of the projected emissions are scope 3 emissions. The Denman Aberdeen Muswellbrook Scone Healthy Environment Group (DAMS HEG) unsuccessfully appealed against the decision in the land and environment court last year but the court of appeal found in the group's favour on Thursday morning. Wendy Wales, the group's president, welcomed the decision and said the burning of fossil fuels was causing increasingly destructive weather events globally, including in NSW. 'Our communities are enduring increasingly terrifying climate disasters, and nature is disappearing before our very eyes. Yet our governments are continuing to throw fuel on the fire by approving massive new coal projects like MACH Energy's Mount Pleasant,' she said. Sign up to get climate and environment editor Adam Morton's Clear Air column as a free newsletter 'It shouldn't be up to a small community group like DAMS HEG to fight this global battle, but in the absence of meaningful government action to protect us from climate harm arising from coalmines, 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,' she said. The matter will now return to the land and environment court to consider whether conditions can be imposed that would validate the approval or whether the project must return to the planning commission. DAMS HEG was represented in the appeal by Johnson Legal and counsel team Naomi Sharp SC and Matthias Thompson. Elaine Johnson, the director of Johnson Legal, said the court had determined that it was the planning commission's job to consider the link between fossil fuel expansions and climate harm felt by local communities in NSW. 'Today's decision has broad-ranging implications for all new and expanded fossil fuel projects in NSW. No longer can the NSW government say that climate impacts felt by local communities in NSW are divorced from the continued production of coal and gas in the state,' she said. Sign up to Clear Air Australia Adam Morton brings you incisive analysis about the politics and impact of the climate crisis after newsletter promotion 'It's difficult to see how further fossil fuel expansions will pass muster following today's decision.' Johnson said the judgment built on the landmark 2019 Rocky Hill finding by the land and environment court, which cited climate change in its reasons for upholding a planning commission decision to reject Gloucester Resources' proposed Rocky Hill coalmine in the Hunter Valley. The NSW Greens spokesperson for planning and the environment, Sue Higginson, said the case was 'a significant legal breakthrough and will send shockwaves through a planning system and a government that has been failing to take real action to prevent climate breakdown'. 'The court has ruled that the government bears responsibility for the emissions that they create as a result of the fossil fuel projects they approve,' she said. 'This is a giant leap forward in holding our governments to account when it comes to the damage they are doing to our climate and local communities through waving through more coal and gas projects.' The planning commission said it respected the decision of the court of appeal. Guardian Australia has sought comment from MACH Energy.
West Australian
6 days ago
- Business
- West Australian
Coal mine stalled in 'groundbreaking' climate decision
A controversial coal mine expansion has hit a stumbling block after a court found possible climate change harms had not been fully considered, a ruling that could have implications for other fossil fuel projects. A community environment group from the NSW Hunter region successfully challenged an Independent Planning Commission decision to allow the expansion of the Mount Pleasant open-cut mine, near Muswellbrook. Operator MACH Energy applied to deepen the mine and double its output, extending its life for 22 years to enable the extraction of an additional 406 megatonnes of coal. The commission consented to the expansion in September 2022 and a judicial review brought by the community group was dismissed by the Land and Environment Court two years later. Denman Aberdeen Muswellbrook Scone Healthy Environment Group took its fight to the Court of Appeal, arguing the environment court had erred and the commission failed to consider the likely climate effects in the region. The Court of Appeal on Thursday found the commission had accepted the project's emissions would contribute to global climate change, but there was nothing in its reasons to indicate it had considered the local impacts. The commission's consent referred to Australia's obligations under the Paris Agreement, noting that the mine's emissions would be "accounted for" in the countries where the coal was burnt. "The commission's obligation to consider the likely impacts of the development on the natural and built environment in the locality of the mine ... required it to address the potentially adverse effects of climate change in the locality," the judgment said. "This obligation could not be discharged by general references to the effects of global warming on the planet generally." Environmental lawyer Elaine Johnson, the director of the firm that represented the community group, said the court's decision was groundbreaking. "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," Ms Johnson said in a statement. "From today, climate harm must be specifically considered when deciding proposals for fossil fuel expansions." NSW Greens MP Sue Higginson also said it was a significant legal breakthrough. "With this decision, the government must now reckon with the fact that they have a responsibility to the whole planet when it comes to allowing more coal to be dug up and burnt," Ms Higginson said. "The status quo of setting emissions reduction targets domestically and then exporting the climate crisis is now broken with this decision." The case will be returned to the Land and Environment Court to consider and MACH Energy was ordered to pay the costs of the appeal. The company was contacted for comment.
Perth Now
6 days ago
- Business
- Perth Now
Coal mine stalled in 'groundbreaking' climate decision
A controversial coal mine expansion has hit a stumbling block after a court found possible climate change harms had not been fully considered, a ruling that could have implications for other fossil fuel projects. A community environment group from the NSW Hunter region successfully challenged an Independent Planning Commission decision to allow the expansion of the Mount Pleasant open-cut mine, near Muswellbrook. Operator MACH Energy applied to deepen the mine and double its output, extending its life for 22 years to enable the extraction of an additional 406 megatonnes of coal. The commission consented to the expansion in September 2022 and a judicial review brought by the community group was dismissed by the Land and Environment Court two years later. Denman Aberdeen Muswellbrook Scone Healthy Environment Group took its fight to the Court of Appeal, arguing the environment court had erred and the commission failed to consider the likely climate effects in the region. The Court of Appeal on Thursday found the commission had accepted the project's emissions would contribute to global climate change, but there was nothing in its reasons to indicate it had considered the local impacts. The commission's consent referred to Australia's obligations under the Paris Agreement, noting that the mine's emissions would be "accounted for" in the countries where the coal was burnt. "The commission's obligation to consider the likely impacts of the development on the natural and built environment in the locality of the mine ... required it to address the potentially adverse effects of climate change in the locality," the judgment said. "This obligation could not be discharged by general references to the effects of global warming on the planet generally." Environmental lawyer Elaine Johnson, the director of the firm that represented the community group, said the court's decision was groundbreaking. "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," Ms Johnson said in a statement. "From today, climate harm must be specifically considered when deciding proposals for fossil fuel expansions." NSW Greens MP Sue Higginson also said it was a significant legal breakthrough. "With this decision, the government must now reckon with the fact that they have a responsibility to the whole planet when it comes to allowing more coal to be dug up and burnt," Ms Higginson said. "The status quo of setting emissions reduction targets domestically and then exporting the climate crisis is now broken with this decision." The case will be returned to the Land and Environment Court to consider and MACH Energy was ordered to pay the costs of the appeal. The company was contacted for comment.
