Court ruling reveals planning laws need to change

Approvals for two massive new coal power stations were today upheld by the NSW Land and Environment Court, undermining the credibility of NSW planning law.

The court found that while the applicant, Ned Haughton, had standing to make the case and that his argument’s had merit the decision by the Planning Minister was nevertheless lawful.

“The fact that the Planning Minister’s decision was lawful underscores the reason why the law must be changed to protect our communities and our environment”, said Ned Haughton, the Newcastle student who challenged the approvals.

“If these approved power stations are built, they will increase total greenhouse pollution in NSW by up to 15% at a time when we need to be urgently cutting emissions.

“Those reviewing the state’s planning laws should see this case as an example of how out of touch the law is with community views. Over 10,000 people signed a petition to State Parliament in 2010, calling for a ban on new coal power stations and shift instead to renewable energy”.

For further information and comment please contact:

Ned Haughton - 0417484735

Kirsty Ruddock: lawyer – 0406 288 599

BACKGROUND

In January 2010, the NSW Planning Minister (The Hon. Tony Kelly MLC) approved concept plans for two massive new power stations.

The Bayswater B proposal by Macquarie Generation was for a massive 2000MW power station located next to the existing Bayswater Power Station near Muswellbrook in the Hunter Valley. Approval was given for the plant to be fired by either coal or gas. If powered by coal it would emit up to 12.4 Million tonnes of greenhouse pollution each year for the next 30 years.

The Mount Piper proposal by Delta Electricity was for a massive 2000MW power station located next to the existing Mount Piper power station, west of Lithgow. Approval was given for the plant to be fired by either coal or gas. If powered by coal it would emit up to 10.4 Million tonnes of greenhouse pollution each year for the next 30 years.

OUTLINE OF ARGUMENT

Mr Ned Haughton, a Newcastle based student and environmental activist claimed that the Minister reached an illogical conclusion that no rational decision-maker could have done, in the context of the following factors:

1. the combined greenhouse gas emissions of the projects are expected to increase NSW’s GHG emissions by approximately 15% per year (under the coal fired options) or 8% per year (under the gas fired options) for approximately 30 years;
2. these GHG emissions would make a substantial contribution to human-induced climate change;
3. human-induced climate change is expected to cause substantial damage to the environment, society and economy of NSW;
4. the material before the Minister neither established the need nor the justification for the projects.
5. the Minister had regard to information about carbon capture and storage technology and assumed that this technology may mitigate GHG emissions from the projects.  However, carbon capture and storage technology is unlikely to be feasible in NSW because of the absence of suitable geological strata in NSW for storing compressed carbon dioxide;
6. the Minister failed to give consideration to energy efficiency and demand management as alternatives to new baseload power;
7. the Minister failed to take ESD principles into account as an element of the public interest in granting the concept plan approvals;
8. the Minister failed to take human-induced climate change into account in granting the concept plan approvals;