SYDNEY, Feb 8, 2019 (BSS/AFP) – An Australian court on Friday delivered a
landmark ruling by rejecting plans to build a coal mine on the grounds it
would worsen climate change.
Chief Justice Brian Preston said a planned open cut coal mine in a scenic
part of New South Wales state would be in “the wrong place at the wrong
The ruling by the New South Wales Land and Environment Court was notable
for citing not only local impacts of building the Gloucester Resources mine,
but also secondary “climate change impacts” of the eventual use of the coal.
“It matters not that this aggregate of the Project’s GHG (greenhouse gas)
emissions may represent a small fraction of the global total of GHG
emissions,” the justice said.
“Not every natural resource needs to be exploited.”
The case was unusual in referring to the 2015 Paris Agreement and United
Nations Framework Convention on Climate Change and calling climate scientists
Will Steffen, a noted climatologist, told the court that Australia’s
average surface temperature had increased one degree centigrade over the last
Climate activists have described the case as a “seminal judgement” in
Australian law and hope that it sets a legal precedent.
Australia is one of the world’s largest producers of coal and the world’s
largest exporter — fuelling powerplants in Japan, China, South Korea and
“It’s a judgement of enormous significance,” said David Morris, a
solicitor for Environmental Defenders Office, which represented local
residents against the project.
“It heralds the arrival of climate litigation in Australia, the first time
climate change has featured as a ground for refusal of a fossil fuel project
in this country and, as far as I’m aware, anywhere,” he told AFP.
The Australian Conservation Foundation described the ruling — which could
yet be appealed — as “significant.”
Gloucester Resources, which was not immediately available for comment, had
said the project would create 170 jobs and would be in place for two decades.