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Gray v. Minister for Planning

Country/Territory
Australia
Date
Nov 1, 2006
Source
UNEP, InforMEA
Court name
Land and Environment Court
Seat of court
New South Wales
Reference number
[2006] 152 LGERA 258 (Australia)
Abstract
An Australian federal court rejected an environmental impact assessment (EIA) prepared as part of a development approval process for a large open-cut coal mine at Anvil Hill. Coal from the proposed mine is destined for use in coal-fired power stations in Australia and overseas. The proponents of the project failed to consider the potential greenhouse gas (GHG) emissions from the burning of coal by third parties. The court held that for projects with the potential to directly or indirectly contribute to GHG emissions, the climate change impacts of the proposal should be properly considered and assessed under the Environmental Planning and Assessment Act 1979. It is not sufficient to simply raise the climate change issue in the EIA; the proponent of the project must attempt precise quantifications.

Key environmental legal questions:

Challenge to the adequacy of an environmental impact statement prepared for a large coal mine
Full text
Non-US_Gray-v.-Min-for-Planning-2006-152_LGERA_258.pdf
Website
climatecasechart.com