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.