Australia Leading Case grounds illegalityproportionality

Gloucester Resources Ltd v Minister for Planning (Rocky Hill Mine)

[2019] NSWLEC 7

JurisdictionAustralia

CourtNSW Land and Environment Court

Year2019

StatusBinding authority

Summary

First Australian court decision refusing mine approval on climate change grounds, holding that a project's greenhouse gas contributions are a material consideration in planning decisions.

Key Principle

Preston CJ of the NSW Land and Environment Court refused approval for a coal mine, considering for the first time in an Australian court the project's contribution to climate change as a ground for refusal.

Area of Law

environmental

Related Cases

Sharma v Minister for the Environment [2022] FCAFC 35

Full Federal Court overturned trial judge and held no novel duty of care is owed by the Environment Minister to Australian children when approving fossil fuel projects under climate change concerns.

Bushfire Survivors for Climate Action Inc v Environment Protection Authority [2021] NSWLEC 92

NSW Land and Environment Court held the EPA had a statutory duty under the POEO Act to develop environmental protection policies addressing climate change, enforceable by judicial review.

Lansen v Minister for Environment and Heritage (2008) 174 FCR 14

Full Federal Court considered EPBC Act controlled action approvals and the role of the precautionary principle in Australian environmental impact assessment law.

Ask CommonBench about this case

Get a detailed analysis of Gloucester Resources Ltd v Minister for Planning (Rocky Hill Mine) and how it applies to your situation.

Explain Gloucester Resources Ltd v Min...