NSW Coal mine required to offset direct GHG emissions as a condition of planning approval

Introduction

On 24 November 2011, the Land and Environment Court delivered a landmark decision requiring the owners of a large coal mine to offset part of the greenhouse gas emissions generated by the mine as a condition of planning approval to expand the existing mine. This is the first time the Court has imposed such a condition on a planning approval in NSW.

Owners of existing coal mines and proponents of proposed coal mines, and more broadly proponents of other types of emissions intensive developments, should be aware that the decision has the potential to broaden the range of conditions of approval which may be imposed by the Minister or the Court under the Environmental Planning and Assessment Act 1979 in relation to new or modified development proposals.