Chamber of Minerals and Energy WA (CMEWA) Chief Executive Aaron Morey has sounded a warning over yesterday’s landmark High Court climate ruling, saying Australia is “shooting [itself] in the foot for no net environmental gain across the world”.
Morey says Australia’s legal system could be “easily exploited by activists” after the High Court found planning authorities had failed to properly consider conditions to minimise greenhouse gas impacts from MACH Energy’s Mount Pleasant mine in New South Wales, including its scope three emissions.
“I think it’s deeply concerning for the nation that we find ourselves in this position,” Morey says.
“If you close down a petrol station, the demand for petrol doesn’t change and it’s the same with major energy projects in Australia, whether it’s coal, gas, or otherwise.
“If we don’t allow the development of these sorts of projects, what you find is that new projects will spring up in other countries with lower environmental controls and standards.”
High Court blocks coal expansion
The case centred on MACH Energy’s proposed expansion of the Mount Pleasant coal mine in NSW’s Upper Hunter Valley region. The expansion would have extended the mine’s life to 2048 and allowed an additional 406 million tonnes of coal to be extracted.
The High Court dismissed MACH Energy’s appeal in a 3-2 decision. It found the NSW Independent Planning Commission had failed to properly consider whether conditions should be imposed to minimise the project’s greenhouse gas emissions.
Scope three emissions — those generated when exported coal is ultimately used overseas — account for about 98% of the project’s total emissions.
The case is expected to have national implications for how fossil fuel project approvals affect global emissions. It is also the first time the High Court has considered responsibility for greenhouse gas emissions and whether local planning authorities have a duty to consider the climate effects of fossil fuel projects.
Morey warns of ‘lawfare’ risk
Morey says the ruling has created uncertainty for projects beyond NSW because “activists and lawfare proponents can exploit” the Australian legal system.
“I’m not commenting on the decision of the High Court,” Morey says.
“[But] we have a system in this country which can easily be exploited by activists, and they’ve already signalled that this is yet again another opportunity to frustrate legitimate projects in this country. Any future project that is on the table is at risk.”
Morey points to Western Australia’s LNG industry and its role in replacing coal-fired power generation in Asia.
“We do know we have enormous resources here in Western Australia. Gas resources that can help to produce fertiliser, to feed the world,” Morey says.
“The fact is that the LNG industry in Western Australia is helping to decarbonise Southeast Asia in particular.
“There are Asian countries that are burning coal at a furious rate, and the LNG projects in WA have around half the lifecycle emissions of coal when used to generate electricity again.
“So, I think it is deeply misguided if they see this sort of development as any sort of positive for this country or for the world.”
Morey says the industry and CMEWA now need to better understand how the High Court decision could affect approval processes at both state and federal levels.
“Those are the sort of issues that we still need to more deeply understand,” Morey says.
“We think that the uncertainty needs to be resolved for any project going forward. We look forward to working with the Government on that.”
Morey rejects the suggestion that his criticism is opposition to considering climate impacts in project approvals.
“This country has the safeguards mechanism in place. It has the Environmental Protection and Biodiversity Conservation (EPBC) Act, which has introduced additional climate oversight,” Morey says.
“I think we’re very much in danger here.”
Morey adds that the impacts stretch out beyond the current generation:
“The victims will be those kids growing up in Karratha, Port Hedland, Rockingham — kids who deserve the opportunity to climb the ladder of prosperity.
“Activists in this country would kick that ladder away. We’re here to make sure that doesn’t happen.”
Write to Christina Wagstaff at Mining.com.au
Main image: CMEWA
