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ARTICLE · 30 OCTOBER 2026

New South Wales–No Shortcuts On Scope 3: High Court Puts Scope 3 Emissions Back On The Table For Resource Projects

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The High Court of Australia has ruled that NSW planning authorities must consider Scope 3 greenhouse gas emissions when assessing resource and energy development applications. In a landmark 3:2 decision, the Court invalidated approval for the Mount Pleasant coal mine extension, establishing that consent authorities cannot fulfill their climate change obligations by examining only Scope 1 and Scope 2 emissions.

AustraliaEnvironment
Paul Lalich
Paul Lalich
Andrew Scully
Andrew Scully

On 7 October 2026, the High Court of Australia handed down its decision in MACH Energy Australia Pty Ltd v Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc [2026] HCA 35, confirming how New South Wales (NSW) planning authorities must deal with Scope 3 greenhouse gas emissions (GHG) when assessing development applications for resource and energy projects. By a 3:2 majority, the Court dismissed MACH Energy Australia Pty Ltd’s (MACH Energy) appeal and confirmed that the Independent Planning Commission of NSW ’s (Planning Commission) approval was invalid. The decision makes clear that consent authorities cannot discharge their obligations to consider the impact of development on climate change by considering only Scope 1 and Scope 2 emissions. 

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