Move comes after Minerals Council attacked planning decisions that cited carbon emissions as a reason for rejecting or imposing conditions on a mine

This article is more than 11 months old

This article is more than 11 months old

The New South Wales government is considering legislation that could limit the ability for planning authorities to rule out coalmines projects based on the climate change impact of emissions from the coal once it is burned.

It comes after a campaign from the NSW Minerals Council over decisions that have referenced the impact of “scope 3 greenhouse gas emissions” as a reason for either rejecting a mining project entirely or for imposing conditions on it.

For a coalmine, scope 3 greenhouse gas emissions are from the burning of the coal after it is sold into the market, including overseas.

The planning minister, Rob Stokes, said it was “not appropriate for state governments to impose conditions about emissions policies in other countries”.

He said the government was looking at a range of options, including legislation or a new guideline for how planning authorities should factor scope 3 greenhouse gas emissions into the assessment process.

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The recent decisions include the NSW land and environment court’s rejection of the Rocky Hill coalmine in February, which cited the impact the mine would have on climate change, including through the burning of coal in other countries, at a time when “a rapid and deep decrease” in global emissions was urgently needed.

In August, the NSW Independent Planning Commission approved the expanded United Wambo coal project near Singleton but as a condition said the coal could only be exported to countries that have ratified the Paris agreement.

In September the commission rejected the development of a greenfield coalmine in NSW’s Bylong Valley, citing the impact the mine would have on groundwater, agricultural land and on climate change.

The NSW Minerals Council has since launched attack ads that target the planning system for “failing the people of NSW”.

In a statement last week, the council’s chief executive Stephen Galilee said the decision to launch a campaign came after months of “warnings to the minister for planning and others in the government about the risk of the planning system to jobs and investment”.

He said the situation had reached “crisis point” with the Bylong Valley decision.

Stokes said the Minerals Council was one of the stakeholders the government was consulting in its development of a policy on scope 3 emissions.

“We are working with key stakeholders, including the federal government, NSW Minerals Council and consent authorities, to develop a clear policy direction as quickly as possible to provide certainty to the community, industry and investors,” he said.

“We are looking at a range of options including legislation.”

The consent authorities in this instance include the NSW land and environment court.

But environment groups are warning the government not to bow to pressure from the mining industry. Lock the Gate said the impact of downstream greenhouse gas emissions “is arguably the most complicated, severe and lasting environmental impact of NSW’ export coalmines”.

Lock the Gate coordinator George Woods said the public should also have a say in how planning decisions address the climate consequences of coal developments and that should be done through a public hearing process run by the independent planning commission.

“It’s disappointing and frankly dangerous for the planning minister to narrowly consult only with the mining industry on a matter of profound importance like this,” she said.

“The mining industry has flexed its political muscle but the government really needs to address the bigger issue and the public sentiment on this.”

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Elaine Johnson, the principal lawyer with the Environmental Defenders Office of NSW, which represented Groundswell Gloucester in the Rocky Hill case, said if the government was planning changes to the way planning authorities consider scope 3 emissions, the consultation for that should be broad and include other key stakeholders such as community and environment groups.

“The land and environment court, in the Rocky Hill decision, has confirmed that it is entirely appropriate for decision-makers to impose conditions on projects that will contribute to dangerous climate change in a planning context,” Johnson said.

She said that was recognised by the independent planning commission in the United Wambo and Bylong Valley assessments.

“We would also say that in 2019 we are making planning decisions in a context which includes advice from the world’s best scientists that we’re approaching a climate emergency,” she said.

“If global emissions continue to rise and if serious action is not taken at all levels of government, by communities and business, the impacts of dangerous climate change will be catastrophic.”

The NSW Minerals Council said recent independent planning commission decisions related to emissions generated in other countries were “inconsistent with the Paris agreement and its associated greenhouse gas accounting framework”.

“The NSW government has attempted to clarify its policy on scope 3 emissions through correspondence to the IPC but this has been disregarded,” Galilee told Guardian Australia. “The NSW government must therefore provide legislative and policy certainty on this issue.”