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Hunter Environment Lobby Inc. v. Minister for Planning - decision

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The case relates to the approval of diverse extensions of a coalmine, leading to an increase of annual production of up to 20 million tones of coal. The Hunter Environment Lobby objected to the proposal, notably on the ground that the extensions would have an important impact on climate change. Nevertheless, the project was approved by the Planning Minister in November 2010 and the Hunter Environment Lobby appealed. In its decision, the Court distinguished between direct GHG emissions (Scope 1 GHG emissions) and indirect GHG emissions (Scope 2 GHG emissions), i.e. emissions from the consumption of purchased electricity. With respect to direct emissions, the Court held that it was lawful and reasonably implementable to take them into account in the approval process. The Court further highlighted that it was not discriminatory to do so as upcoming approvals would follow the same rule. However, the Court refused to impose any condition with respect to indirect emissions. The Court thus affirmed the approval, but subject to certain conditions, including a condition which required the offset of any direct GHG emissions from the mine. This condition could be suspended if another law or regulation was introduced which would cover these emissions. 

Following this initial decision, the Australian Government introduced a carbon price, which was implemented through federal legislation.  In light of this new scheme, in a subsequent decision the Court held that it was valid for the Minister to decide that the condition on the mine relating to offsetting of direct emissions was no longer necessary.

Hunter Environment Lobby Inc. v. Minister for Planning

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Hunter Environment Lobby Inc. v. Minister for Planning - decision

Policy instrument

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance