The federal court ruling today in Australia permitting the operation of extensive new coal mines underscores the pressing need for a comprehensive overhaul of the nation’s environmental legislation.
The Federal Court’s ruling confirmed that Environment Minister Tanya Plibersek is not obliged to consider climate-related concerns when evaluating projects under Australia’s national environmental legislation, highlighting a significant gap in the law’s provisions.
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Thus far, 740 coal, oil and gas projects have received approval under the existing law. Today’s verdict reaffirms the likelihood of more such projects gaining approval unless the Albanese Government takes prompt action to address this issue.
“The Great Barrier Reef is under threat. Rainforests are being decimated by catastrophic bushfires. Communities are withering under extreme heat waves. Despite this, today’s ruling makes clear that nothing currently stands in the way of massive new coal mines that will cause even more climate and environmental damage.”
Climate Council CEO Amanda McKenzie said
The Living Wonders legal case, initiated by the Environment Council of Central Queensland, aimed to compel Environment Minister Tanya Plibersek to take into account the environmental impact of two major coal mines, namely the Narrabri expansion and the Mount Pleasant Optimisation Project, before granting them approval.
The Living Wonders case presented a challenge to the approvals granted by Australia’s Environment Minister for mining projects. The decision carries significant implications for future approvals under the Minister’s purview.
Two mining companies, namely Narrabri Coal Operations (a subsidiary of Whitehaven Coal) and MACH Energy, were actively involved in the case. They defended the Environment Minister’s decision not to act on the scientific evidence of climate-related risks.
This legal action has its origins in a series of reconsideration requests submitted by the Environment Council of Central Queensland, represented by Environmental Justice Australia. These requests urged the Minister to reevaluate the assessments of numerous pending coal and gas projects operating under the existing EPBC Act, which lacks a specific trigger for climate-related concerns.
“Climate change is an enormous bulldozer tearing through the natural ecosystems that people and animals depend on for health, wellbeing and safety.
“Yet, our national environmental law offers little protection against the greenhouse gas emissions that are fuelling dangerous climate change.
Climate Council CEO Amanda McKenzie said
Climate Council Head of Advocacy Dr Jennifer Rayner said:
“Today the Federal Court has closed one chapter in the sorry history of Australia’s national environment law. The next chapter is the Albanese Government’s to write.
“The Government says it is simply following the law in giving fossil fuel projects the green light. That excuse doesn’t fly when it has the power to change it.
“The Government can fix Australia’s national environment law by putting climate at its heart. The law should directly protect a safe and liveable climate for communities and nature.
“It should directly consider the impact on our environment of all emissions from high polluting projects in project assessments. The law needs to be set up so it can knock back projects where this harmful pollution is simply too high.
“Today’s ruling leaves our environment dangerously exposed to escalating climate damage. The Albanese Government should act to fix this gaping hole in our national environment law.”
Climate Council Head of Advocacy Dr Jennifer Rayner said
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