An Upper Hunter community consortium is readying itself to lock horns with MACH Energy Australia again… this time in the High Court.
The Denman, Aberdeen, Muswellbrook and Scone Healthy Environment Group Inc (DAMS HEG) won an appeal in July against a 22-year expansion of the company’s Mount Pleasant Operation, located on the outskirts of Muswellbrook.
At the time, it argued the effects of the coal mine on the environment and climate were not properly considered when it was approved.
And, the NSW Court of Appeal’s finding was hailed as “precedent-setting”.
But, on Thursday 4 December, the High Court agreed to hear MACH Energy’s objection to that ruling, which effectively squashed the Planning Department’s approval for the site’s proposed development.
DAMS HEG president Wendy Wales said the organisation was looking forward to defending its historic victory.
“If the High Court found against MACH Energy, it would have solidified the Court of Appeals’ earlier verdict,” she explained.
“However, that wasn’t to be.
“So, we’ll go into battle in the High Court of Australia.
“Our [previous] win established the impacts of climate change locally must be considered when approving fossil fuel projects.
“Hopefully, we’ll replicate that in the High Court.
“A victory there will create the precedent Australia needs.
“Politicians must explain to their electorates the urgency of action on climate change and why we need to work together to transition away from climate destabilising fossil fuels.”
Johnson Legal principal lawyer Anita O’Hart agreed.
“Our client welcomes the opportunity for the matter to be heard in the High Court of Australia,” she said.
“There is no doubt that Australian communities are being impacted by greenhouse gas induced climate change, including bushfires, drought and the impact of soaring insurance costs.
“NSW mines, including coal for export, contribute significantly to ongoing climate impacts for Australian communities.
“The assessment of the issues caused by NSW coal mining is an important matter of significant national interest… and our client eagerly awaits their day in the High Court.”
The proposed Mount Pleasant expansion would allow the company to mine an additional 247 million tonnes of coal by 2048.
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