Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 APRIL 2024

Court says coal mines can be approved without considering climate change

Stacks Law Firm
Explore more from Stacks Law Firm

The federal government can effectively ignore the risk that fossil fuel projects pose to the environment.

AustraliaEnergy and Natural Resources
Michael McHugh
Michael McHugh
Author LinkedIn connections

In a significant legal blow to environmentalists, in 2023 the Federal Court ruled that the federal environment minister does not have to consider climate change when approving coal mines.

Environmental group claims minister did not consider climate change

The Environment Council of Central Queensland (ECoCeQ) mounted a legal challenge to minister Tanya Plibersek's assessment of two coal projects, claiming she had acted unlawfully in rejecting its request to consider the harmful impact the mines would have on climate change.

The group argued that in her assessment of an application to expand two coal mines – one in Narrabri and one at Mount Pleasant in the Hunter Valley – the minister failed to include scientific evidence that human-induced climate change was causing harm to the environment. (Please see Tanya Plibersek doesn't have to consider climate change when approving coal mines, Sydney Morning Herald, 11 October 2023.)

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

NSW Raises The Bar For IPC Referral Of Major Energy Projects, And Effectively Removes It For BESS

The NSW Government has doubled the objection threshold for electricity generating works to be referred to the Independent Planning Commission (IPC) and removed objection-based IPC referral for battery energy storage systems altogether. These changes seek to materially reduce approval risk for proponents across the energy sector.
AustraliaEnergy and Natural Resources
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
Article

When Mining Or Exploration Comes To Your Station

Pastoralists should identify the water and operational assets that matter to the station before activity begins, then ensure any access or commercial agreement clearly deals with monitoring, disruption, rehabilitation, liability and review. The legal position will depend on the mining or exploration licence (as the case may be), the pastoral lease, government policy, approvals and proposed activity, but early preparation gives a family stronger footing in discussions.
AustraliaEnergy and Natural Resources
HHG Legal Group
HHG Legal Group
Article

Queensland Mining Reforms: Removing Duplication And Refining Objection Rights

Queensland's proposed mining reforms aim to streamline environmental assessment by removing duplication between mining lease and environmental authority processes, while introducing discretionary Land Court referrals and refined objection rights. The Bill proposes significant changes to who may object to mining applications and on what grounds, potentially affecting mining entities, landholders, and community stakeholders across the state.
AustraliaEnergy and Natural Resources
Holding Redlich
Holding Redlich
Article

Rethinking Utility Hardship: From Reactive Support To System-wide Change

Utility organizations face mounting pressure to address customer hardship through comprehensive ecosystem changes. This analysis explores how utilities can implement interventions across individual, organizational, and systemic levels to create meaningful impact. The framework presented offers a multi-layered approach to transforming reactive support into proactive, system-wide solutions.
AustraliaEnergy and Natural Resources
KordaMentha
KordaMentha