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The Climate Litigation Database

Bulga Milbrodale Progress Association Inc. v. Minister for Planning and Infrastructure and Warkworth Mining Limited

Geography
Year
2013
Document Type
Litigation

About this case

Filing year
2013
Status
Appeal upheld
Court/admin entity
AustraliaNew South WalesLand and Environment Court
Case category
Suits against governments (Global)Protecting biodiversity and ecosystems (Global)
Principal law
AustraliaEnvironmental Planning and Assessment Act 1979 (NSW)
At issue
To challenge the approval of the extension and continued operation of coal mine due to impacts on biodiversity
Topics
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Documents

Summary

Plaintiffs appealed the approval of a mining project that would expand a coal mine into areas previously designated as “non-disturbance areas” and extend the mining permit for ten years. The court overturned the approval due to significant adverse impacts including reduced biodiversity. In assessing biodiversity concerns, the court considered vulnerability to climate change.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance