IPC Dartbrook - EDO NSW

Rocky Hill decision cited at IPC meeting on Dartbrook mine 

In a submission on behalf of Friends of the Upper Hunter urging the Independent Planning Commission to refuse a modification application in relation to the shuttered Dartbrook mine at Aberdeen in the Upper Hunter valley, EDO NSW has argued there were many parallels to Gloucester's fight against the Rocky Hill mine project.

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18 April 2019: The Rocky Hill mine project’s greenhouse gas emissions and their likely adverse climate impacts was part of the reason the project was refused by the NSW Land and Environment Court in February.

Senior Solicitor Natalie Vella spoke for Friends of the Upper Hunter at the public meeting in Muswellbrook last week (the Dartbrook mine is in Upper Hunter and Muswellbrook LGA). "Our client submits that the Rocky Hill Decision requires close scrutiny by the IPC as a number of the circumstances of the Rocky Hill Coal Mine project and the Dartbrook Modification are similar, particularly in relation to social and climate change impacts." 

“Our client respectfully submits that the IPC should consider the indirect and direct emissions relating to the five year extension separately in the context of the global carbon budget and adopt the assessment approach of Justice Preston set out in the Rocky Hill Decision.”

"There is significant uncertainty regarding the impacts of the Modification. Accordingly, in our client’s view the IPC cannot be satisfied ... that the risks can be effectively mitigated by the conditions of any consent, such that approval of the modification is in the public interest."