A Land and Environment Court decision to approve the extension to Wilpinjong open-cut coal mine in the Upper Hunter had exposed serious flaws in NSW planning laws, the Environmental Defenders Office said on Thursday.
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It follows the court’s finding this week that the state’s planning laws do not require decision-makers to consider the NSW Climate Change Policy Framework and Australia’s status as a signatory to the Paris Agreement when considering the approval of coal mining projects in NSW.
As the Wollar Progress Association’s legal representative, the EDO argued that the NSW Climate Change Policy Framework and the Commonwealth Government’s commitment to the Paris Agreement were relevant policies that the PAC was required - but failed - to have regard to when considering the downstream greenhouse gas emissions from the burning of coal from Wilpinjong.
A substantial proportion of the coal will be burnt at Bayswater Power Station.
EDO NSW chief executive David Morris said the judgement highlighted the need for planning law reform.
“This is certainly not the judgement that we or our clients wanted. But perhaps it’s the judgement we needed,” he said.
“We now know that aspirational policy statements, like those contained in the NSW Climate Change Policy Framework, fail to have any meaningful application to NSW mine approvals.”
“It’s these approvals - and the coal which is consequently mined and burned - that represent NSW’s greatest contribution to global climate change.”
Mr Morris said the progress association and the EDO were carefully considering their options.
“This decision adds weight to the need for law reform to make climate change a critical factor in determinations about projects which will contribute to it. This case highlights the missing link between our aspirations to cut emissions and the actions we must take to get there,” he said.
Wollar Progress Association secretary Bev Smiles said the the community would continue to fight for the right to exist.
“We are very concerned that the NSW Government is destroying communities and their legal rights at the behest of the fossil fuel industry,” Ms Smiles said.
“We have had ample experience of the goal posts being shifted against community rights.”
Three members of the community were charged under amendments to the NSW Crimes Act for a peaceful protest at the Wilpinjong Mine site in April last year.
A judgement in the local Mudgee Court in early June found the three community members not guilty of the charges.
Matthew Kelly
Matthew Kelly has worked as a journalist for more than 25 years. He has been working as a general reporter at the Newcastle Herald since 2018. In recent years he has reported on subjects including environment, energy, water security, manufacturing and higher education. He has previously covered issues including the health and environmental impacts of uncovered coal wagons in the Hunter Valley, the pollution of legacy of former industrial sites and freedom of information issues.
Matthew Kelly has worked as a journalist for more than 25 years. He has been working as a general reporter at the Newcastle Herald since 2018. In recent years he has reported on subjects including environment, energy, water security, manufacturing and higher education. He has previously covered issues including the health and environmental impacts of uncovered coal wagons in the Hunter Valley, the pollution of legacy of former industrial sites and freedom of information issues.
