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 2024, had rejected the Denman Aberdeen Muswellbrook Scone Healthy Environment Group (DAMS HEG) appeal for a judicial review. DAMS HEG took its case to the Court of Appeal on the grounds that the IPC had failed to consider climate impacts when it granted Mount Pleasant an extension.
“We warmly welcome the court’s decision to uphold our appeal,” said DAMS HEG president Wendy Wales on July 25. “Burning 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.”
Wales said while communities endure “increasingly terrifying climate disasters”, governments continue to throw “fuel on the fire by approving massive new coal projects”. It shouldn’t be up to small community groups to fight this global battle, she said, “but in the absence of meaningful government action … we felt we had no choice.”
The Land and Environment Court must now consider whether the consent can be validated without going back to the Independent Planning Commission for a new decision.
Elaine Johnson, environmental lawyer and Johnson Legal Director, described the Court of Appeal's 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 the IPC does not need to consider climate harm arising from new and expanded fossil fuel project emissions, including exported or Scope 3 emissions.
But now the Court of Appeal “has confirmed that the local impacts of climate change on communities are a direct consequence of continued fossil fuel production … From today, climate harm must be specifically considered when deciding proposals for fossil fuel expansions.”
The decision came shortly after the International Court of Justice ruled that states and corporations are responsible for climate harm arising from fossil fuel production.
Marie Flood from, Sydney Knitting Nannas, told 鶹ӳ: “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?”
“The Knitting Nannas salutes Wendy [Wales] and Tony [Lonergan] from DAMS HEG for their long and courageous fight in a difficult social environment.
“We 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.”