Coal case dismissed

A legal challenge launched against the approval of two coal projects – including the extension of the Narrabri underground mine – has been rejected by the Federal Court.

The decision effectively gives the go-ahead to a development that will see the Narrabri mine’s life extended from 2031 to 2044.

Mine operator Whitehaven Coal has previously said the extension adds a $599 million net economic benefit to NSW and continues 500 jobs.

Opponents, however, have criticised the mine extension’s impact on greenhouse gas emissions.

Wednesday’s verdict, handed down by Justice McElwaine confirms that climate change cannot be considered for projects being assessed under existing federal environmental laws.

“These proceedings have generated considerable public interest. It needs to be understood that this court is not concerned with the merits of the minister’s decision,” Justice McElwaine said.

“The minister, in discharging what is clearly a heavy responsibility, was not obliged to reason in the manner contended by the applicant. Ultimately, the applicant’s arguments, anchored by the extensive scientific material relied on, raise matters for parliament to consider whether the minister’s powers must be exercised to explicitly consider the anthropogenic effects of climate change in the manner the applicant submits they must.”

The Environmental Council of Central Queensland, through its lawyers at Environmental Justice Australia, brought the Living Wonders case against the Commonwealth government and asked the Federal Court to consider two projects separately in May this year.

The projects’ opponents argued that federal Environment Minister Tanya Plibersek refused to accept the climate impacts of these developments.

Environmental advocacy group Lock the Gate said Wednesday’s decision exposes federal environment law as fundamentally flawed and demonstrates the need for a climate trigger so greenhouse gas emissions from large polluting projects are properly assessed when decisions are made.

Boggabri farmer Sally Hunter said extreme weather events are being made worse and more frequent by the massive levels of carbon being pumped into the atmosphere.

“Farmers in the Namoi Valley, including myself and my family, have been on a rollercoaster of extreme weather lately,” Mrs Hunter said.

My son missed the first few weeks of school this time last year due to repeated major flood events.

“Our farm was under water. This year, he is undertaking his HSC in a declared drought and high fire danger season.

“Our existing federal environment laws are not equipped to take all this into account, and farmers are losing out.”