Environmental Law

The 98 per cent problem: High Court finds coal mine approval invalid over scope 3 emissions

In a 3:2 decision, the High Court has upheld a community group's challenge to the approval of the Mount Pleasant coal mine expansion in the Upper Hunter. The majority found that the Independent Planning Commission failed to consider whether to impose conditions to minimise the project's scope 3 emissions, which make up 98 per cent of its total emissions.

All five justices rejected the Court of Appeal's view that the EPA Act is centrally concerned with impacts "in the locality". We explain both findings and what they mean for resource projects and consent authorities.

Gold mine fined $350,000 for dust emissions, and told to post about it on social media

The operator of the Cadia gold mine has been fined $350,000 for dust emissions above prescribed limits. It has also been ordered to fund air quality monitoring and to post about its offences on Facebook and X.

We look at the sentencing factors and the growing use of publication orders.

Considering the impacts of coal mining on climate change - Lessons from Gloucester Resources case

Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7

In this judgment, handed down on 8 February 2019, the Chief Judge of the NSW Land and Environment Court dismissed an appeal by Gloucester Resources Limited against a decision by the Minister for Planning to refuse to grant development consent for its Rocky Hill Coal Project.

In dismissing the appeal, the Court held that the Project would have significant direct and indirect adverse impacts which would outweigh its potential benefits.

One of the adverse impacts considered by the Court related to the potential impacts of the Project on climate change due the emission of greenhouse gases (GHG).

This includes GHG emitted both directly and indirectly by by the Project. The lengthy written judgment handed down by the Court provides clear guidance as to how the emissions of GHG should be evaluated in the broader context of evaluating the overall merits of a proposed development.

New Coastal Management Framework for NSW

The coastal management framework for NSW has changed. The Coastal Management Act 2016 has been amended and the Coastal Protection Act 1979 has been repealed.

The development controls and approval pathway for coastal development are now found in a new Coastal Management SEPP with certain consequential changes also having been made to the Infrastructure SEPP.

Tasmanian "Protection from Protestors" legislation - Key parts struck down by High Court - Implied freedom of political communication - Implications for NSW

Brown v Tasmania [2017] HCA 43

On 23 October 2017, a majority of the High Court of Australia ruled that key provisions of the Workplaces (Protection from Protesters) Act 2014 (Tas) (Protesters Act) impermissibly burden the implied freedom of political communication arising under the Constitution.