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ARTICLE · 22 MARCH 2019

Some practical environmental and social tips in response to the Rocky Hill Coal Project decision

Corrs Chambers Westgarth
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Proponents should ensure that all applications address the concerns of the community, climate change and social impacts.

AustraliaEnvironment
Christine Covington
Christine Covington
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A number of clients have asked us about the implications of the recent NSW Land and Environment Court decision in Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7, (where Gloucester Resources Limited's (GRL) appeal against the Planning Assessment Commission's refusal of the Rocky Hill Coal Project was lost).

In the table below we have extracted some key commentary by the Court, against which we've indicated how we think these comments should alter the approach taken by proponents of mining projects seeking development consent.

Decision Consequences for future developments
Indirect emissions to be assessed  

Clause 14(2) of the Mining SEPP requires a consent authority to consider the 'downstream emissions' of a proposed mining, petroleum production or extractive industry development.

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