Court backs green light on Narrabri coal mine expansion
06 Jul 2023
Climate
activists vow to keep fighting after a court dismissed their bid to stop a coal
mine extension that would generate the equivalent of Australia's total annual
carbon dioxide emissions.
Bushfire Survivors for Climate Action says the Land
and Environment Court judgment in favour of Whitehaven's Narrabri coal mine
expansion in NSW was "out of step with community expectations
"Approving
high-emitting projects is exposing communities to more extreme impacts from
climate change," spokeswoman Fiona Lee said on Wednesday.
"We have
a moral obligation as climate survivors to challenge dangerous and polluting
planning decisions that are not in the public interest, to try and prevent
other people from going through what we've endured."
Including
Scope 3 emissions - greenhouse gases generated when the coal is burned in other
countries - the expansion is anticipated to produce 480 metric tonnes of CO2
equivalent, roughly equal to Australia's total greenhouse gas emissions in
2022.
Justice Sandra
Duggan threw out the applicant's claim that the Independent Planning
Commission's approval was legally unreasonable, finding it was "within the
bounds of the IPC's decision-making power".
Elaine
Johnson, director of legal strategy at the Environmental Defenders Office which
represented the climate action group, said the case demonstrates planning laws
need urgent amendment.
"The IPC
heard that more than 30 people died during the Black Summer bushfires, some
3000 people lost their homes, and more than 400 people lost their lives in the
immediate aftermath due to smoke inhalation," she said.
"Yet the
commission still made the very dangerous decision to approve a further coal
expansion in NSW on the basis that the mine was in the 'public interest'."
The group says
it is carefully considering the court's judgment.
Whitehaven
welcomed the judgment in a statement filed with the Australian Stock Exchange.
"Our
consistent position has been that this legal claim was without merit," it
said.