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ARTICLE · 16 FEBRUARY 2019

NSW Land and Environment Court refuses development approval for Rocky Hill Coal Mine Project on climate change grounds

Corrs Chambers Westgarth
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This decision to refuse approval could affect the viability of other fossil fuel-dependent industries in Australia.

AustraliaReal Estate and Construction

The NSW Land and Environment Court (Court) has refused development consent for the Rocky Hill Coal Project in the Gloucester Valley, citing the mine’s likely contribution to climate change as a key reason.

The decision will have wide-reaching consequences and will likely affect the viability of coal and other fossil fuel-dependent industries in Australia. The growth in international jurisprudence directly linking fossil fuel developments with climate change may also lead banks and others who would traditionally invest in these industries to consider alternatives.

Background

Gloucester Resources Limited (GRL) sought development consent for a new open cut coal mine approximately 5km south of the Gloucester town centre in New South Wales. Extraction of 2Mtpa of coal was proposed for a period of 21 years (Project).

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