Gray v. Minister for Planning

Climate Change
Courts Environmental courts
Environmental Impact Assessment
Human Rights
Mining Coal mining

In Australia in 2006, the New South Wales Land and Environment Court determined that the impact of burning coal at a power plant should be studied as an indirect impact of coal mining. In Gray v The Minister for Planning and Ors, the Court stated in part:


The fact there are many contributors globally does not mean the contribution from a single large source such as the Anvil Hill Project in the context of NSW should be ignored in the environmental assessment process. . . .


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I consider there is a sufficiently proximate link between the mining of a very substantial reserve of thermal coal in NSW, the only purpose of which is for use as fuel in power stations, and the emission of GHG which contribute to climate change/global warming,


Gray v The Minister for Planning and Ors [2006] NSWLEC 720, at paras. 98 and 100