Today the High Court of Australia ruled that authorities
are legally required to consider the local climate impacts
of a coal mine’s downstream pollution before granting
approval.
The High Court upheld the unanimous NSW
Court of Appeal ruling that the Independent Planning
Commission had failed a mandatory legal obligation when it
approved the expansion of MACH Energy’s Mount Pleasant
coal mine without considering how pollution from coal the
mine exports would affect the region through increased
bushfire risk, drought, flooding and extreme
heat.
This ruling comes one day after Prime Minister
Albanese addressed leaders at the Pre-COP31 meetings in
Fiji, as countries set priorities ahead of COP31 in Antalya,
Turkiye.
Fenton Lutunatabua, 350.org
Pacific and Caribbean Program Manager
said:
“We welcome this ruling and truly
hope it signals a cascade of changes in how we evaluate the
harm posed by fossil fuels, whether domestic or exported.
The climate crisis has never solely been a Pacific issue, it
affects everyday Australians just as much. In the Pacific,
we have known this for decades and are heartened that both
international and domestic legal processes are catching
up.
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As Australia heads into COP31 as Head of
Negotiations, they cannot afford to lose the momentum from
this decision in their journey to true climate
leadership.”
Jacynta Fa’amau, 350.org
Pacific Campaigner said:
“Today’s
judgement proves something that we have always known –
whether Australia burns coal at home or overseas, the
climate crisis will still knock at their door.
Prime
Minister Albanese addressed leaders here in Fiji and
acknowledged that Australia could expect a summer of floods,
cyclones and extreme heat because of the lack of action on
global emissions. Coal mined in one country and burnt in
another is the clearest example of global emissions, and
this ruling creates another opportunity for
accountability.”
