Legal Intervention On Australian Coal And Gas Proposals

The Environment Council of Central Queensland (ECoCeQ) is urging Australia’s Environment Minister to reconsider 19 coal and gas proposals; using what it says is a rarely used provision of the EPBC Act.

The ECoCeQ says it has commenced “landmark” legal intervention requesting re- assessment of nearly all new coal and gas proposals and expansions currently in the pipeline awaiting federal approval. Among these projects is the 6-year extension for Idemitsu’s Boggabri open-cut coal mine (pictured above), which is situated in New South Wales’ Leard State Forest.

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)  is triggered when a project has the potential to have significant environmental impacts. It commonly comes into play – even some solar energy proposals have been subject to it. For example, a small solar power project for the Canberra Deep Space Communication Complex (CDSCC) at Tidbinbilla in the ACT.

According to the Department of Climate Change, Energy, the Environment and Water:

“The EPBC Act makes sure that ‘nationally significant’ animals, plants, habitats and places are identified, and any potential negative impacts on them are carefully considered before changes in land use or new developments are approved.”

The provision of the EPBC Act involved in the action is section 78A: “Request for reconsideration of decision by person other than State or Territory Minister”.

Climate Change Impacts Not Properly Considered

ECoCeQ says more than 3,000 documents have been submitted to Environment Minister Tanya Plibersek noting the climate impact to ” thousands of matters of national environmental significance” – which the group states previous Environment Ministers have not properly taken into account.

ECoCeQ’s action is being support by lawyers at Environmental Justice Australia (EJA).

“Our client has compiled a vault of the most up-to-date evidence showing the global scientific consensus on the effects of climate change for so many of the places, plants and species the Minister is tasked with legal responsibility for,” said EJA Principal Lawyer Hollie Kerwin. “The requests by our client aim to make sure the application of environmental law in Australia accounts for the reality of climate change.”

A web site – Living Wonders – has been established explaining the action in more detail. ECoCeQ has also set up a campaign seeking to raise $100,000 for associated costs, with any surplus to go to other relevant current and future legal matters. At the time of writing, a whisker over $16,000 had been committed.

The Climate Council has jumped on board,  inviting members of the Australian scientific community to sign an open letter to Minister Plibersek in support of  ECoCeQ’s legal intervention.

“It is no longer tenable for the Minister to simply ignore the damage these projects do,” states the Climate Council. “The case could halt the progress of a number of existing coal and gas projects and possibly put a stop to future ones.”

There’s also an open letter for the public to sign on the Living Wonders website that will be delivered to Tanya Plibersek in coming weeks.

“The future is not yet written,” states the letter. “However, our federal environmental laws will not work in the way that was intended unless you take this step to recognise the catastrophic impact that the emissions created by burning fossil fuels are having on our climate and on our living wonders.”

Original Source: https://www.solarquotes.com.au/blog/coal-gas-epbc-mb2550/