Court upholds refusal of coal mine

The NSW Court of Appeal (NSWCA) has dismissed an appeal from a decision of the Land and Environment Court of NSW (LEC) brought by KEPCO Bylong Australia Pty Ltd (KEPCO). The appeal (and earlier judicial review proceedings) primarily concerned the application and construction of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (the Mining SEPP). Both judgments make important contributions to the growing body of jurisprudence in the area of climate change-related litigation and affirm the broad discretion of planning authorities in assessing climate change impacts. Read more

The Heritage Act is under review and we’ve had our say

The Heritage Act 1977 (NSW) is under review and we have made a detailed submission. While there are parts of the Heritage Act which may benefit from review, we consider that wholesale repeal or revisiting of the Act is not necessary. What we would like to see is a benchmarking exercise to develop a cohesive, … Read more

A climate change duty of care: Sharma v Minister for the Environment

The recent decision of Justice Bromberg in Sharma v Minister for the Environment [2021] FCA 560 found that a novel duty of care is owed by the Minister for the Environment to Australian children who might suffer potential “catastrophic harm” from the climate change implications of approving the extension to the Vickery coal mine in … Read more