Activists Win Landmark Climate Change Case over MACH Mine Extension
The ruling sets a national precedent and affects 17 coal proposals in the NSW planning pipeline, according to the court.
- On Wednesday, the High Court dismissed MACH Energy's appeal, upholding a lower court ruling that the Mount Pleasant coal mine expansion approval breached mandatory legal obligations under environmental planning law.
- Retired teachers Wendy Wales and Tony Lonergan led the Denman Aberdeen Muswellbrook Scone Healthy Environment Group in challenging the project, which sought to double yearly output to 21 million tonnes and extend mining until 2048.
- Judges ruled the Independent Planning Commission failed its mandatory obligation under s.4.15 of the Environmental Planning and Assessment Act 1979 by ignoring how exported coal pollution affects local climate risks including bushfire, drought, and flooding.
- The project's approval remains invalid following the judgment, requiring referral back to the NSW Land and Environment Court or the IPC for reassessment of the mine's contribution to local climate change impacts.
- Across the NSW planning system, the ruling sets a binding national precedent directly affecting 17 coal proposals currently in the pipeline and establishing a legal template for future climate litigation across Australia.
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Activists win landmark climate change case over MACH mine extension
Save (0) Please login to bookmark Close Username or Email Address Password Remember Me A community group has won the first-ever climate change case to go to the High Court, which found Wednesday that a planning authority was required to consider the climate impacts of downstream emissions before approving MACH Energy’s bid to expand its Mount Pleasant coal mine. Subscribe to Lawyerly to access this ar…
Environmental activists achieved a historic victory in the Australian High Court.
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