Anvil Hill Decision – Implications For Major Projects

Yesterday, a landmark decision was made that will impact future applications for major infrastructure and other developments. Pain J of the Land and Environment Court found that under Part 3A of the Environmental Planning & Assessment Act 1979 (the Act) an environmental assessment prepared on behalf of proponents for the Anvil Hill coal mine located in Hunter Valley was inadequate as it failed to contain a detailed analysis of 'scope 3 emissions', greenhouse emissions generated from the burning of coal by third parties outside the control of the proponent.

This decision has implications specifically for applications to develop or expand coal mines but also has wider implications for medium to large-scale developments under Part 3A generally, including power plants, toll roads or other infrastructure projects. This decision may also have implications for other States and Territories in Australia. In particular, the decision confirms