29th October, 2006

Exposed: Government seeks to squash Anvil Hill court challenge  

Fearful of losing an historic court case on climate change, the NSW Government has introduced amendments to the Environmental Planning and Assessment Act. The amendments would allow the Government to continue approving new coal mines without considering how they contribute to climate change – NSW’s greatest threat.  Planning Minister Frank Sartor introduced the amendments this week, claiming that they were “housekeeping measures” but in fact, they are designed to circumvent a court challenge that sought to ensure that the greenhouse impacts of all Major Projects, including coal mines, are assessed.  

 Greenpeace Energy Campaigner, Ben Pearson, said: “Premier Iemma calls climate change our greatest threat, yet is now legislating to prevent climate change being considered in the environmental assessment of new coal mines. This is a complete double-standard and exposes the Premier’s statements on climate change as empty rhetoric.”  The Government has also ensured, in the Savings and Transitional arrangements for the Bill, that the changes will apply to projects for which Ministerial approval is pending. This includes the Anvil Hill proposal, as well as the third Coal Exporting Terminal at Newcastle Harbour, the controversial Moolarben Coal Project and many others.   Rising Tide spokesperson, Steven Phillips said, “The Anvil Hill court challenge is based on the need for the full greenhouse impacts of all developments to be assessed. Yet the government is now preventing that occurring, against the public interest.” Given the dramatic impact that the amendments will have, environmentalists claim that Planning Minister’s statements about the Bill in parliament were deliberately misleading, and are grounds for dismissal.  

 Hunter Community Environment Centre spokesperson, Georgina Woods said, “In order to avoid honestly assessing the greenhouse impacts of this coal mine, the Government is changing the law so that no large projects need to be assessed at all. This hasty and self-serving measure could expose NSW to damaging industry and future litigation, since the Government is abrogating its responsibility to assess and review the environmental impacts of major projects.” 

The Anvil Hill court challenge will be heard on the 6th and 7th of November and is being brought by Peter Gray.