Hunter Environment Lobby Inc v Minister for Planning (No 2): Greenhouse gases

The New South Wales Land and Environment Court has handed down its ex tempore judgment in the case of Hunter Environment Lobby Inc v Minister for Planning (No 2) [2012] NSWLEC 40.

The case involved the Class 1 appeal of major project by Ulan Coal Mines Ltd, involving the extension of a coal mine near Mudgee. The question was raised as to whether conditions requiring offsetting of scope 1 greenhouse gases should be imposed. The court also considered the application of recent Commonwealth legislation directed to reduction of greenhouse gases – in particular, the Clean Energy Act 2011 (Cth).

In a judgment handed down by Pain J, the court ruled that the conditions in relation to greenhouse gas emissions imposed by the Minister were appropriate. It was noted that “the scheme as represented in the CE Act, together with related legislation… meets at a practical level the purpose of imposing a condition requiring the offsetting of Scope 1 GHG emissions.”

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