A Hunter Valley community group says it looks forward to defending its historic climate victory after the High Court agreed to hear MACH Energy’s challenge against an earlier Appeals Court ruling that squashed the Planning Department’s approval of the Mt Pleasant coal mine expansion. This is the first time that the High Court of Australia will consider the issue of climate change.
The High Court agreed to hear the challenge earlier today. MACH Energy brought the challenge in response to the Court of Appeal’s finding in July that NSW Planning authorities should have considered the climate harm a new coal mine development would cause locally when assessing the expansion.
At the time, the decision was hailed as precedent setting, and Denman, Aberdeen, Muswellbrook, and Scone Healthy Environment Group Inc (DAMS HEG) president Wendy Wales said if the High Court found against MACH Energy, it would solidify the Appeals Court earlier ruling.
“DAMS HEG is ready to defend our historic NSW Court of Appeals win in July this year in the High Court of Australia. Our win established that the impacts of climate change locally must be considered when approving fossil fuel projects,” she said.
“A win in the High Court will create the precedent Australia needs. Politicians need to explain to their electorates the urgency of action on climate change and why we need to work together to transition away from climate destabilising fossil fuels.”
Anita O’Hart, Principal Lawyer, Johnson Legal said, “Our client welcomes the opportunity for the matter to be heard in the High Court of Australia.
“There is no doubt that Australian communities are being impacted by greenhouse gas induced climate change, including bushfires, drought, and the impact of soaring insurance costs.
“NSW coal mines, including coal for export, contribute significantly to ongoing climate impacts for Australian communities.
“The assessment of climate impacts caused by NSW coal mining is an important issue of significant national interest and our client looks forward to being heard in the High Court.”
ENDS
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