Dual Gas Pty. Ltd. and Others v. Environment Protection Authority

The EPA issued a works approval to Dual Gas for a 300 MWe power station for the development of a project involving new power generation technology from coal and natural gas. Four objectors challenged the approval in an Australia state court, including Environment Victoria, which asserted that the project would be inconsistent with Victoria’s State Environment Protection Policy (SEPP). Dual Gas challenged the objectors standing, sought review of conditions on the works approval requiring a specific level of operation efficiency, SO2 capture, and noise attenuation, and sought to reinstate the originally proposed generating capacity of 600 MWe. The court found that three of the four objectors had standing because they had interests that would be affected by the project. However, the court rejected their challenges finding that the project was consistent with ‘best practices’ requirements and the general goals of the SEPP. The court granted Dual Gas’s application and raised the capacity to 600 Mwe, but refused to remove the conditions.