Showing posts with label coal. Show all posts
Showing posts with label coal. Show all posts

Friday 21 December 2018

State of Play December 2018: Adani Group and the proposed Carmichael Mine in Queensland



Financial Review, 20 December 2018:

Ten of the world's top insurance companies, including Australian groups Suncorp and QBE and global insurer AXA, say they won't insure Indian energy group Adani's controversial $2 billion Carmichael coal mine in Queensland, an activist group says.
Market Forces, an anti-fossil fuel activist group backed by Friends of the Earth, also said AXA had indicated it would not renew its current insurance covering the Carmichael rail line when it comes up in March 2020.

Market Forces executive director Julien Vincent said the Paris-based global insurer had said in response to inquiries that: "Regarding the Carmichael mine, we confirm that: 'We do not currently cover the Carmichael mine's assets, neither directly nor through packages, and we do not intend to do so in the future; We currently have a multi-year policy to partly cover the railway asset which will lapse in 2020 and which we shall not renew.'"

AXA also said Adani's Carmichael project "is a banned investment both for our equity and fixed income holdings"…..

Market Forces asked global insurers about their attitude to the Carmichael project, after a successful campaign to dissuade Australian and global banks from backing the mine resulted in it being shrunk to a fraction of its original $16.5 billion size and self-financed by Adani.

Other companies that explicitly refused to insure the mine or previously pledged not to provide cover for new coal projects include the world's biggest insurers and reinsurers, Allianz, AXA, Swiss Re and Munich Re; the first major US insurer to take action on coal, FM Global; and major European insurers Generali, Zurich and SCOR.

Other major insurers have not ruled out insuring the project, including many American insurers, so Adani will still likely be able to secure insurance. These include Hannover Re, Berkshire Hathaway and AIG......

ABC News, 18 December 2018:

The CSIRO has found serious flaws in Adani's key water management plan to protect an ancient springs complex near its proposed Carmichael coal mine, threatening to further delay the controversial project.

The ABC can reveal Australia's peak scientific body has raised concerns about Adani's Groundwater Dependent Ecosystem Management Plan (GDEMP), which is designed to minimise impacts on ecosystems including the nationally important Doongmabulla Springs.

The Federal Department of Environment and Energy asked the CSIRO and Geoscience Australia for an independent scientific review of Adani's GDEMP.

The ABC understands one of the CSIROS's key concerns is the level of groundwater draw-down that could be caused at the springs by the mine's operations.

Conservationists and some scientists warn the springs could permanently dry up under Adani's plan to drain billions of litres of groundwater a year for its proposed mine.

The source of the ancient springs remains in doubt…..


The CSIRO also found that some of the data used by Adani in its plan was not verified.

The CSIRO has told the federal environment department that Adani needs to do more work on its GDEMP and to verify its data.

The ABC understands Queensland's Department of Environment and Science (DES) wrote to Adani last week saying it will not look at the company's GDEMP again until the concerns raised by the CSIRO are resolved.

In August the ABC revealed the mining giant's most recent draft plan to protect the Doongmabulla Spring failed to address regulator demands to protect the oasis.

"The GDEMP needs to identify the source aquifer of the Doongmabulla Spring Complex and mitigation measures to protect the springs," the DES told the ABC in statement.

"Preliminary advice from CSIRO requires Adani to update the plan.

"Two environmental plans still need to be approved before significant disturbance can commence at the Carmichael Coal Mine.

"These plans are the Groundwater Dependent Ecosystem Management Plan and a Black Throated Finch Management Plan.

"The Queensland Government has been clear that the [mine] project must stack up on its own merits, both financially and environmentally."

Last month Adani announced construction would begin on the Carmichael mine, with company chief executive Lucas Dow saying the project would be "100 per cent financed" from within the Adani conglomerate.

But the mine would be significantly scaled back, with production expected to peak at 28 million tonnes compared to the projected 60 million tonnes under the original plan.

Thursday 20 December 2018

PEOPLE POWER: Grafton Loop of the Knitting Nannas six years old and still going strong


The Grafton Loop of the Knitting Nannas Against Gas was officially launched six years ago on 19 October 2012.

The local nannas first began knitting in peaceful opposition to coal seam gas exploration and mining in the early days of the Glenugie blockade of a Metgasgo CSG test drill site in the Clarence Valley.

As part of the wider NSW Northern Rivers movement they helped keep the north-east "Gasfield Free!"

The Grafton Loop continues to be active on environmental issues and regularly hold knit-ins outside local state and federal MPs electoral offices.

This is the Grafton Loop on 13 December 2018 outside Nationals MP for Page Kevin Hogan's office, accompanied by "Nanna Kerry", a mascot veteran of mining protests in south-east Queensland.





This letter was sent to Kevin Hogan on the same day.....
https://www.scribd.com/document/395886572/Letter-to-Nationals-MP-for-Page-Kevin-Hogan-from-Grafton-Loop-of-the-Knitting-Nannas-Against-Gas-NSW-Australia

Way to go, Nannas!

Wednesday 12 December 2018

Are Prime Minister Morrison & Co determined to reduce Australia to a hot, barren desert from sea to sea?


Human activities are estimated to have caused approximately 1.0°C of global warming above pre-industrial levels, with a likely range of 0.8°C to 1.2°C. Global warming is likely to reach 1.5°C between 2030 and 2052 if it continues to increase at the current rate. (high confidence) (Figure SPM.1) {1.2}  [United Nations (2018) Global Warming of 1.5°C. Summary for Policymakers]

The global situation.....

United Nations, Sustainable Development, 8 October 2018:

The Special Report on Global Warming of 1.5ºC was approved by the IPCC on Saturday in Incheon, Republic of Korea. It will be a key scientific input into the Katowice Climate Change Conference in Poland in December, when governments review the Paris Agreement to tackle climate change.

“With more than 6,000 scientific references cited and the dedicated contribution of thousands of expert and government reviewers worldwide, this important report testifies to the breadth and policy relevance of the IPCC,” said Hoesung Lee, Chair of the IPCC.

Ninety-one authors and review editors from 40 countries prepared the IPCC report in response to an invitation from the United Nations Framework Convention on Climate Change (UNFCCC) when it adopted the Paris Agreement in 2015.

The report’s full name is Global Warming of 1.5°C, an IPCC special report on the impacts of global warming of 1.5°C above pre-industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty.

“One of the key messages that comes out very strongly from this report is that we are already seeing the consequences of 1°C of global warming through more extreme weather, rising sea levels and diminishing Arctic sea ice, among other changes,” said Panmao Zhai, Co-Chair of IPCC Working Group I.

Limiting global warming 

The report highlights a number of climate change impacts that could be avoided by limiting global warming to 1.5ºC compared to 2ºC, or more. For instance, by 2100, global sea level rise would be 10 cm lower with global warming of 1.5°C compared with 2°C. The likelihood of an Arctic Ocean  free of sea ice in summer would be once per century with global warming of 1.5°C, compared with at least once per decade with 2°C. Coral reefs would decline by 70-90 percent with global warming of 1.5°C, whereas virtually all (> 99 percent) would be lost with 2ºC.

“Every extra bit of warming matters, especially since warming of 1.5ºC or higher increases the risk associated with long-lasting or irreversible changes, such as the loss of some ecosystems,” said Hans-Otto Pörtner, Co-Chair of IPCC Working Group II.

Limiting global warming would also give people and ecosystems more room to adapt and remain below relevant risk thresholds, added Pörtner. The report also examines pathways available to limit warming to 1.5ºC, what it would take to achieve them and what the consequences could be.

“The good news is that some of the kinds of actions that would be needed to limit global warming to 1.5ºC are already underway around the world, but they would need to accelerate,” said Valerie Masson-Delmotte, Co-Chair of Working Group I.

The report finds that limiting global warming to 1.5°C would require “rapid and far-reaching” transitions in land, energy, industry, buildings, transport, and cities. Global net human-caused emissions of carbon dioxide (CO2) would need to fall by about 45 percent from 2010 levels by 2030, reaching ‘net zero’ around 2050. This means that any remaining emissions would need to be balanced by removing CO2 from the air.
“Limiting warming to 1.5ºC is possible within the laws of chemistry and physics but doing so would require unprecedented changes,” said Jim Skea, Co-Chair of IPCC Working Group III.

Allowing the global temperature to temporarily exceed or ‘overshoot’ 1.5ºC would mean a greater reliance on techniques that remove CO2 from the air to return global temperature to below 1.5ºC by 2100. The effectiveness of such techniques are unproven at large scale and some may carry significant risks for sustainable development, the report notes.

“Limiting global warming to 1.5°C compared with 2°C would reduce challenging impacts on ecosystems, human health and well-being, making it easier to achieve the United Nations Sustainable Development Goals,” said Priyardarshi Shukla, Co-Chair of IPCC Working Group III.

The decisions we make today are critical in ensuring a safe and sustainable world for everyone, both now and in the future, said Debra Roberts, Co-Chair of IPCC Working Group II.

“This report gives policymakers and practitioners the information they need to make decisions that tackle climate change while considering local context and people’s needs. The next few years are probably the most important in our history,” she said.

The Denver Post, 8 December 2018:

Global emissions of carbon dioxide have reached the highest levels on record, scientists projected Wednesday, in the latest evidence of the chasm between international goals for combating climate change and what countries are actually doing.

Between 2014 and 2016, emissions remained largely flat, leading to hopes that the world was beginning to turn a corner. Those hopes have been dashed. In 2017, global emissions grew 1.6 percent. The rise in 2018 is projected to be 2.7 percent.

The expected increase, which would bring fossil fuel and industrial emissions to a record high of 37.1 billion tons of carbon dioxide per year, is being driven by nearly 5 percent emissions growth in China and more than 6 percent in India, researchers estimated, along with growth in many other nations throughout the world. 

Emissions by the United States grew 2.5 percent, while emissions by the European Union declined by just under 1 percent.

As nations are gathered for climate talks in Poland, the message of Wednesday’s report was unambiguous: When it comes to promises to begin cutting the greenhouse gas emissions that fuel climate change, the world remains well off target.

“We are in trouble. We are in deep trouble with climate change,” United Nations Secretary General António Guterres said this week at the opening of the 24th annual U.N. climate conference, where countries will wrestle with the ambitious goals they need to meet to sharply reduce carbon emissions in coming years.

“It is hard to overstate the urgency of our situation,” he added. “Even as we witness devastating climate impacts causing havoc across the world, we are still not doing enough, nor moving fast enough, to prevent irreversible and catastrophic climate disruption.”

Guterres was not commenting specifically on Wednesday’s findings, which were released in a trio of scientific papers by researchers with the Global Carbon Project. But his words came amid a litany of grim news in the fall in which scientists have warned that the effects of climate change are no longer distant and hypothetical, and that the impacts of global warming will only intensify in the absence of aggressive international action.....

When hard-right, anti-science, fundamentalist ideology in Australia descends into madness………….

The Guardian, 10 December 2018:

 As four of the world’s largest oil and gas producers blocked UN climate talks from “welcoming” a key scientific report on global warming, Australia’s silence during a key debate is being viewed as tacit support for the four oil allies: the US, Saudi Arabia, Russia and Kuwait.

The end of the first week of the UN climate talks – known as COP24 – in Katowice, Poland, has been mired by protracted debate over whether the conference should “welcome” or “note” a key report from the Intergovernmental Panel on Climate Change.

The IPCC’s 1.5 degrees report, released in October, warned the world would have to cut greenhouse gas emissions by about 45% by 2030 to limit global warming to 1.5C and potentially avoid some of the worst effects of climate change, including a dramatically increased risk of drought, flood, extreme heat and poverty for hundreds of millions of people.

The UN climate conference commissioned the IPCC report, but when that body went to “welcome” the report’s findings and commit to continuing its work, four nations – the US, Saudi Arabia, Kuwait and Russia, all major oil and gas producers – refused to accept the wording, insisting instead that the convention simply “note” the findings.
Negotiators spent two and a half hours trying to hammer out a compromise without success.

The apparently minor semantic debate has significant consequences, and the deadlock ensures the debate will spill into the second critical week of negotiations, with key government ministers set to arrive in Katowice.

Most of the world’s countries spoke out in fierce opposition to the oil allies’ position.
The push to adopt the wording “welcome” was led by the Maldives, leader of the alliance of small island states, of which Australia’s Pacific island neighbours are members.

They were backed by a broad swathe of support, including from the EU, the bloc of 47 least developed countries, the Independent Association of Latin America and the Caribbean, African, American and European nations, and Pacific countries such as the Marshall Islands and Tuvalu.

Australia did not speak during the at-times heated debate, a silence noted by many countries on the floor of the conference, Dr Bill Hare, the managing director of Climate Analytics and a lead author on previous IPCC reports, told Guardian Australia.

“Australia’s silence in the face of this attack yesterday shocked many countries and is widely seen as de facto support for the US, Saudi Arabia, Russia and Kuwait’s refusal to welcome the IPCC report,” Hare said…..

Australia’s environment minister, Melissa Price, arrived in Katowice on Sunday, with negotiations set to resume Monday morning.

 “The government is committed to the Paris agreement and our emissions reduction targets,” she said before leaving Australia. “Australia’s participation in the Paris agreement and in COP24 is in our national interest, in the interests of the Indo-Pacific region, and the international community as a whole.”

Price said a priority for Australia at COP24 was to ensure a robust framework of rules to govern the reporting of Paris agreement targets. “Australia’s emissions reporting is of an exceptionally high standard and we are advocating for rules that bring other countries up to the standard to which we adhere.”

The latest Australian government figures, released last month, show the country’s carbon emissions continue to rise, at a rate significantly higher than recent years.

Australia’s emissions, seasonally adjusted, increased 1.3% over the past quarter. Excluding emissions from land use, land use change and forestry (for which the calculations are controversial), they are at a record high..... [my yellow highlighting]


The Guardian, 11 December 2018:


Patrick Suckling (sitting on panel right), Australia’s ambassador for the environment, waits as protesters disrupt an event at the COP24 climate change summit in Katowice, Poland. Photograph: Łukasz Kalinowski/Rex/Shutterstock

Australia has reaffirmed its commitment to coal – and its unwavering support for the United States – by appearing at a US government-run event promoting the use of fossil fuels at the United Nations climate talks in Poland.

Australia was the only country apart from the host represented at the event, entitled “US innovative technologies spur economic dynamism”, designed to “showcase ways to use fossil fuels as cleanly and efficiently as possible, as well as the use of emission-free nuclear energy”.

Its panel discussion was disrupted for several minutes by dozens of protesters who stood up suddenly during speeches, unfurling a banner reading “Keep it in the ground” while singing and chanting “Shame on you”.

Patrick Suckling, Australia’s ambassador for the environment, and the head of the country’s negotiating delegation at the climate talks, spoke on the panel. His nameplate bore a US flag…..

…Simon Bradshaw, Oxfam Australia’s climate change policy adviser, said it was “extremely disappointing” to see Australia line up behind the US in pushing a pro-coal ideas.

“It is a slap in the face of our Pacific island neighbours, for whom bringing an end to the fossil fuel era is matter of survival, and who are working with determination to catalyse stronger international efforts to confront the climate crisis. And it is firmly against the wishes of an overwhelming majority of Australians.”

Bradshaw said continuing to use coal was not only uneconomic, but would “be measured in more lives lost, entrenched poverty, rising global hunger, and more people displaced from their land and homes”.

He said the advice of the IPCC showed emphatically there was no space for new coal and that Australia’s position on coal was isolating it from the rest of the world.
The Climate Vulnerable Forum, a group of 48 countries most acutely affected by climate change, has committed to achieving 100% renewable energy production by the middle of the century at the latest. Other developed countries, including the UK, France, Canada and New Zealand, have committed to phasing out coal power by 2030.

Wells Griffith, a Trump administration adviser speaking alongside Suckling on the panel, said the US would continue extracting fossil fuels, and warned against “alarmism” about climate change…… [my yellow highlighting]

Greenhouse gas emissions in Australia to date.....

Trend emissions levels are inclusive of all sectors of the economy, including Land Use, Land Use Change and Forestry (LULUCF)

Reading Quarterly Update of Australia’s National Greenhouse Gas Inventory: June 2018 [PDF 39 pages] released on 30 November 2018 it is highly unlikely that the Morrison Govenment will be able to meet Australia's commitments under the Paris Agreement.

Australia was closer to meeting Paris Agreement goals in 2013 under a Labor federal government than it is today under a Coalition federal government.

Tuesday 20 November 2018

Climate Change: Wallarah 2 longwall coal mine legal challenge


The Australian Coal Alliance states it is; concerned citizens of the Central Coast are worried about the impact that longwall coal mining in the Central Coast Water Catchment Valleys and beneath residential homes will have upon our drinking water catchment, and upon our health, lifestyle and properties. We will continue to demand that the government introduces legislation into the Parliament to protect the Wyong Water Catchment District, the largest drinking water resource on the Central Coast, from mineral extraction, and to protect homes from being undermined by longwall coal mining.

This is its legal battle............


EDO NSW, on behalf of the Australian Coal Alliance (ACA), argued in Court that the Planning Assessment Commission’s (PAC) decision to approve the Wallarah 2 longwall coal mine on the Central Coast was unlawful and invalid.

Barristers Craig Leggat SC and Josie Walker argued against the approval of the mine on the basis of climate change, ecologically sustainable development, impacts to water resources and flooding impacts.

The legal team: Craig Leggat SC, Josie Walker of Counsel, Brendan Dobbie, Acting Principal Solicitor and Isaac St Clair-Burns, Solicitor of EDO NSW.

 “Our client ACA argued that the PAC’s decision was invalid on 10 specific grounds”, said David Morris, CEO of EDO NSW. "We focused on the PAC’s assessment of the mine’s downstream greenhouse gas emissions and impacts to the Central Coast water supply and likely flood-affected properties.”

The Wallarah 2 project is predicted to have impacts on 88 private properties, which will be exposed, in varying degrees, to increased risks of flooding. The mine has proposed various options to mitigate those impacts or, where that is not practicable, to make arrangements for the voluntary purchase of flood affected properties. The ACA questioned the legal validity of those conditions.

In addition to the predicted impacts from flooding and to the Central Coast water supply, Wallarah 2 will make a substantial contribution to greenhouse gas emissions – estimated to be more than 264 million tonnes of CO2 over the 28-year life of the mine. NSW law required the PAC to consider an assessment of those emissions when approving the mine. However, the ACA argued in Court that the PAC specifically disavowed consideration of downstream greenhouse gas emissions and therefore the approval was contrary to the law and also to the principles of ecologically sustainable development, which includes the principle of intergenerational equity.

“This case is by its very nature climate change litigation, which we’re seeing more and more in Australia. We argued that the law in this case wasn’t followed with respect to climate change impacts and the principle of intergenerational equity”, David Morris said.

Of additional interest, this was a paperless trial, one of the first that EDO NSW has been involved with, and it proceeded very smoothly.

A judgment is expected sometime before the end of May 2019.

Further detail on this case can be found here: www.edonsw.org.au/wallarah2_aca

EDO NSW is an independent community legal centre specialising in public interest environmental law and members of Northern Rivers communites can contact the EDO at any time via the hotline on 1800 626 239 for free legal advice concerning local environmental matters.


Monday 5 November 2018

Scott Morrison doesn't know watt's watt


This was the ‘interim’ Australian Prime Minister Scott Morrison on ABC TV The Drum, 23 September 2018:

SCOTT MORRISON: I want more dispatchable power in the system.
ALAN JONES: Could you stop using the word dispatchable? Out there they don’t understand that.
SCOTT MORRISON: Well, real power, OK?
ALAN JONES: Real power.
SCOTT MORRISON: Well, fair dinkum power.

So what exactly is this “dispatchable power” the Prime Minister is talking about whenever he cites “fair dinkum power” that “works when the sun isn’t shining and the wind isn’t blowing”.

This is what Energy Education:has to say on the subject:

Dispatchable source of electricity

A dispatchable source of electricity refers to an electrical power system, such as a power plant, that can be turned on or off; in other words they can adjust their power output supplied to the electrical grid on demand.[2] Most conventional power sources such as coal or natural gas power plants are dispatchable in order to meet the always changing electricity demands of the population. In contrast, many renewable energysources are intermittent and non-dispatchable, such as wind power or solar power which can only generate electricity while their energy flow is input on them.

Dispatch times
Dispatchable sources must be able to ramp up or shut down relatively quickly in time intervals within a few seconds even up to a couple of hours, depending on the need for electricity. Different types of power plants have different dispatch times:[3]

Fast (seconds)
Capacitors are able to dispatch within milliseconds if they need to, due to the energy stored in them already being electrical, whereas in other types of power storage such as chemical batteries the power must be converted into electrical energy.
Hydroelectric facilities are also able to dispatch extremely quickly; for instance the Dinorwig hydro power station can reach its maximum generation in less than 16 seconds.[4]

Medium (minutes)
Natural gas turbines are a very common dispatchable source, and they can generally be ramped up in minutes.
Solar thermal power plants can utilize systems of efficient thermal energy storage. It is possible to design these systems to be dispatchable on roughly equivalent timeframes to natural gas turbines.

Slow (hours)
While these systems are typically regarded as only providing baseload power, they often have some flexibility.
Many coal and biomass plants can be fired up from cold within a few hours. Although nuclear power plants may take a while to get going, they must be able to shut down in seconds to ensure safety in the case of a meltdown.

What this tells us is that renewable energy can and is used as “dispatchable power” and often responds faster than coal-fired power.

Battery storage by way of home battery installations and mega battery installations such as the Tesla system in South Australia are just two successful examples of storing renewable power for later use – making it dispatchable power.

According to the Melbourne Energy Institute, South Australia’s new mix of renewables and traditional source of energy is working well.

What has become increasingly obvious over the years is that once renewable energy via wind and solar reaches a reasonable scale it becomes cheaper than coal and other fossil fuels. That is where Australia is now.

Yet Scott Morrison apparently doesn’t understand how electricity generation and the national power grid work – it’s a though he has been asleep for the last decade. Because he appears to believe that renewable energy systems have not evolved to meet market demands.


Which in his mind means more coal-fired power.

Expensive, polluting, coal-fired power supplying electricity to Australian homes at maximum cost to ordinary consumers.

Monday 8 October 2018

Whitehaven Coal’s Vickery mine extension community consultation has farmers up in arms

Whitehaven Coal Vickery Forest coal mining operation, 2018


Maules Creek section of coal mining operation, 2018

Whitehaven Coal Limited is seeking planning permission to extend its existing mining infrastructure footprint approx. 22kms north of Gunnedah in north-west NSW, by adding a coal processing hub with an on site coal handling and preparation plant (CHPP), train load-out facility and rail spur line to service its open cut mines at Tarrawonga, Rocglen and Werris Creek.

Quite naturally local rural communities are concerned…….

The Northern Daily Leader, 5 October 2018:

The Greens have condemned NSW Planning Minister Anthony Roberts and called his decision to ignore the plea of drought-stricken farmers “the height of arrogance”.

The spraying follows comments Mr Roberts made to The Leader yesterday, where he referred to the 4000-page Vickery coal mine extension report as a “relatively short document”, as he knocked back the request of farmers for more time to read the submission.

Farmers say they are struggling to find time to read and understand the massive document, let alone write a response to it, when they are hand feeding cattle.
Greens resource spokesman Jeremy Buckingham wrote to Mr Roberts in September, seeking to extend the public consultation time from 42 days to 90 days, however is yet to receive a response.

“Minister Anthony Roberts has displayed the height of arrogance in ignoring local farmers and communities and failing to give them a fair chance of responding to a 4000-page document on Vickery coal mine,” Mr Buckingham said.

“Minister Roberts has failed to acknowledge that many local folks are flat out keeping their livestock and farms alive in drought conditions.

“Local farmers and community members have asked for an reasonable extension of time to read thousands of pages of documents and make a considered response, but the Minister won’t listen.

“What does the NSW Government have to hide on this Vickery coal mine proposal?”...

Wednesday 22 August 2018

Gloucester community's landmark climate change case began in NSW Land & Environment Court, August 2018




CASE SUMMARY

Gloucester Resources Ltd and Stratford Pty Ltd
v Groundswell Gloucester and Dept of Planning & Environment 


The Client: Groundswell Gloucester, a residents’ community group concerned with the environmental, social and economic future of the Stroud Gloucester Valley near Barrington Tops in the upper Hunter.

The Case: Represented by EDO NSW, Groundswell Gloucester was joined to proceedings that will determine the fate of the Rocky Hill Coal project, a greenfield open-cut coal mine less than 5km from Gloucester township.

Representation: Matt Floro, solicitor for EDO NSW, has carriage of this matter for Groundswell Gloucester and our Principal Solicitor, Elaine Johnson, is the solicitor on record. We are grateful to barrister Robert White for his assistance in this matter.

Experts: Emeritus Professor Will Steffen will for the first time give evidence in an Australian court that no new fossil fuel developments can be approved if we are to avoid overspending our carbon budget. Professor Steffen is a Climate Councillor on the Climate Council of Australia, Member of the ACT Government’s Climate Change Council, and was previously a Climate Commissioner on the Australian Government’s Climate Commission.

Energy analyst Tim Buckley will explain the financial mechanisms and market changes that are driving investments away from coal and creating a risk that Rocky Hill will become a stranded asset. Tim Buckley is Director of Energy Finance Studies, Australasia, Institute of Energy Economics and Financial Analysis.

60 community objectors include farmers, doctors, Traditional Owners and young people. This is also the first time in an Australian court that young people will talk about the impact of climate change and the impact of the mine on their communities, and future generations.

Timeline:

2016 - Community celebrations after AGL withdraws its application to drill 330 coal seam gas extraction wells in the area.

December 2017 - celebrations continue when the Planning Assessment Commission (PAC) refuses consent to the Rocky Hill Coal Project proposed by Gloucester Resources Limited (GRL). The PAC found that the mine was not in the public interest because of its proximity to the town of Gloucester, significant visual impact and direct contravention of the area’s zoning plans.

The PAC also refuses consent to a Modification of the consent for the nearby Stratford mine - operated by a related company of Yancoal Australia Limited - that proposed the receipt, processing and railing of coal from the Project.  The PAC found that the Modification would have no critical purpose or utility outside the Project.

Planning Minister grants both mining companies the right to appeal the refusal of consent to the Land and Environment Court.

February 2018 - Our client, Groundswell Gloucester, seeks to be joined to the proceedings.

April 2018 - following a full-day hearing, the Land and Environment Court orders that Groundswell Gloucester be joined to the proceedings brought by GRL.
In relation to the climate change ground, on joining Groundswell Gloucester, the Court noted that:
“GRL submits that the raising of the climate issue as proposed in a domestic Court if the Intervener were joined would not serve the purpose of improving this particular planning decision; and, instead, would be a “side show and a distraction”. I do not agree.”

Our client has been permitted by the Court to present expert evidence on climate change and the social impacts of this new mine. The Court will hear anthropological evidence about the social impact of mining on the community.

This is the first time an Australian court will hear expert evidence about the urgent need to stay within the global carbon budget in the context of a proposed new coal mine.

Key dates
13-14 August 2018
Opening submissions at the Land and Environment Court, Macquarie Street, Sydney
15 August 2018
Site visit (parties only) Gloucester
16-17 August 2018
Hearings in Gloucester (community objectors)
20-24 & 27-31 August 2018
Submissions and expert witnesses at the Land and Environment Court, Macquarie Street, Sydney

Background

This is the first hearing of its kind since the historic Paris Agreement in which a superior jurisdiction Australian court will hear expert testimony about climate change, the carbon budget and the impacts of the burning of fossil fuels.

For years EDO NSW has supported the Gloucester community, providing legal and scientific advice. This contributed to a recommendation from the Department of Planning and Environment (DPE) in 2016 to the Planning Assessment Commission (PAC) to refuse GRL’s greenfield mine application, known as the Rocky Hill Coal Project (the Project) and the associated Stratford modification.

In December 2017, the Planning Assessment Commission (PAC) refused consent to the Project and the modification, finding they were not in the public interest because of proximity to the town of Gloucester, significant visual impact and the area’s zoning under planning laws.

In deciding how the Project and modification would be assessed, the NSW Minister for Planning granted unusual merit appeal rights to GRL and Yancoal who are now joined together in aggressively challenging the refusal in the Land and Environment Court.

Both coal companies have recruited their own legal and scientific teams. However Groundswell Gloucester was not told about the merit appeal until February, two months after GRL filed the case.

EDO NSW case page: www.edonsw.org.au/groundswell 

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Concerned citizens can donate to the Environmental Defence Fund here.