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Court challenges Government for not considering climate impacts of new coal

6 Jun 2023 – Bushfire Survivors for Climate Action have praised environmental justice groups for launching a fresh Federal Court challenge today, arguing that the Environment Minister can and must consider the impacts of climate change in assessing new coal and gas projects. 

Environmental Justice Australia (EJA) and the Environment Council of Central Queensland (ECoCeQ) are challenging the decision of the Environment Minister to not reconsider the assessment criteria of three new coal projects.

The three coal projects which Tanya Plibersek as Environment Minister has approved are: Mach Energy’s application to expand its NSW Mount Pleasant open-cut mine; Ensham coal mine extension in Queensland; and Whitehaven Coal’s application to extend its NSW Narrabri underground mine.

Bushfire survivor and BSCA spokesperson Fiona Lee said

“It is disappointing that the Environment Minister has stated that she will not consider the climate impacts of Whitehaven coal’s Narrabri coal expansion on Australia’s iconic environments and species. 

“The mining and burning of coal and gas is warming our climate, pushing species and environments to extinction and worsening bushfires that have already devastated Australian communities.

We must stop adding fuel to the fire and so we urge the Environment Minister to fulfil her responsibility and assess the climate impacts of new coal and gas projects.”

Bushfire survivor and BSCA spokesperson Fiona Lee said

See also Australian Climate Case in Torres Strait to force government action

Whitehaven’s Narrabri mine now facing two court battles

Bushfire Survivors for Climate Action are also in a separate legal fight in New South Wales against Whitehaven’s coal expansion in Narrabri.

The organisation is currently waiting on the outcome of a case before the state’s Land and Environment Court. In this NSW action BSCA, represented by the Environmental Defenders Office, is seeking a judicial review of the April 2022 approval of the Whitehaven Coal project in Narrabri by the Independent Planning Commission.

“Although these court cases are in completely different court jurisdictions, they share the same goal”

“People are turning to the courts to force decision makers to consider the impacts new coal and gas projects have in fuelling climate change, and increasing the likelihood of homes and lives lost in bushfires.” 

said BSCA’s Fiona Lee.

Who is Whitehaven Coal?

The Narrabri underground mine is approved to produce 11 million tonnes per annum of high quality thermal coal until 2031.

The Narrabri Mine has had two exploration licences (ELs) within the mining lease area (ML1609), EL9455 and EL9466, approved under the NSW Government’s Operational Allocation framework.

The land was predominately agriculture (grazing and cropping) and forestry before Whitehaven’s coal mine came to Narrabri.

Mark Vaile, former Deputy Prime Minister of Australia and Leader of the National Party from 2005 to 2007 is the Chairman and non-executive director of Whitehaven Coal.

There has been considerable opposition to Whitehaven’s Maules Creek mine from a coalition of traditional owners, farmers and environmentalists, see Frontline Action on Coal FLAC: Ten Years on the Climate Frontline.

Whitehaven’s new Maules Creek expansion must not proceed

Lock the Gate Alliance has condemned Whitehaven’s plan to expand its Maules Creek coal mine, saying it highlights the company’s total disregard for the damage coal is inflicting on local communities and the climate.

Whitehaven began contacting locals late last week and quietly uploaded expansion plans on its website

Based on Whitehaven’s map – which does not include an exact size – the expansion would bring the mine closer to Maules Creek village, including a local school, and would carve out more of Leard State Forest.

Leard Forest was the site of mass community protests, which involved now Senator David Pocock, when Whitehaven began constructing the coal mine there in 2014

The expansion would mean Maules Creek coal mine would operate until 2043 – nine years more than the existing operation. Whitehaven would mine 126 million tonnes of coal in total if the expansion goes ahead.

The application comes as Whitehaven faces fresh scrutiny over emissions produced at its Narrabri mine, with media reporting it is polluting three times more than originally expected.

Boggabri farmer Sally Hunter said:

“Whitehaven knows increasingly ambitious greenhouse gas reduction targets both domestically and in customer countries mean the end is nigh for coal.

“Rather than sensibly introducing a diversification plan to support local workers, the company is going hell for leather to rip what it can out of the ground before the market finally crashes, leaving everyone high and dry.

“Failing to prepare for the inevitable risks leaving economies in places like Boggabri and Narrabri destitute when the crash comes. It’s time for government intervention to prevent vampires like Whitehaven from sucking our region dry.”

Boggabri farmer Sally Hunter

Maules Creek resident Ros Druce said:

“Whitehaven has proved over the years it has callous disregard for the local community and has racked up a list of fines and criminal offences.

“So far, no penalty has been significant enough to make this repeat offender change its ways.

“The Minns Government must take action against Whitehaven where the Perrottet Government failed. At the very least, Whitehaven must not be rewarded with permission to build any new coal projects or expansions.”

Maules Creek resident Ros Druce said

Despite conducting a Community Consultative Committee meeting on Wednesday May 24th, Whitehaven did not mention its expansion plans, instead quietly uploading them to the website a week later. 

Bushfire Survivors for Climate Action (BSCA) is a non-partisan, community organisation made up of bushfire survivors, local councillors, firefighters and their families working together to call on our leaders to take action on climate change.

BSCA formed shortly after the Tathra and District fire in March 2018, and its founding members were all impacted by bushfires, including the Black Summer bushfires in 2019-20, Blue Mountains in 2013, Black Saturday in 2009 and Canberra in 2003. 

Narrabri underground coal mine, operated by Whitehaven, shut down in 2016 with peaceful action by Hannah Grant, 21. Pic supplied Front Line Action on Coal.

Narrabri underground coal mine, operated by Whitehaven, shut down in 2016 with peaceful action by Hannah Grant, 21. Pic supplied Front Line Action on Coal.

“These companies are destroying land to the point of no return and causing catastrophic climate change. Around the world it is people who contribute the least to climate change who will be affected the most. End coal now.”

Hannah Grant said

Gomeroi / Gamilaraay elders said the Government has failed to put the cultural land rights of Gomeroi / Gamilaraay people ahead of mine expansion by Whitehaven Coal in critically endangered forest.

“We have obligations to take care of country and everything within it. If we look after the land it will look after us. Life sustains life”

said Dolly Talbot, Gomeroi Traditional Custodian.

Section 9 and 10 protection applications were made under the Aboriginal and Torres Strait Islander Heritage and Protection Act (ATSIHP Act) but ignored by the previous federal government.

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