(AU ABC) Environment Minister Approves Vickery Coal Mine Extension After Teenagers' Climate Change Legal Challenge

ABC News - Michael Slezak | Patrick Bell

Avav Princi, Izzy Raj-Seppings, Veronica Hester, Laura Kirwan and Ambrose Hayes were all part of the action. (ABC News: Brendan Esposito)

Key Points The federal government said the mine extension approval followed a rigorous assessment process Teenagers involved in the climate change legal battle said the minister should be "ashamed"  Earlier this year a Federal Court justice said approving the mine would cause a "small but foreseeable" impact on climate change

Federal Environment Minister Sussan Ley has approved the extension of a north-west NSW coal mine, after it was the subject of a legal challenge by a group of teenagers.

The approval of Whitehaven Coal's Vickery Extension Project came after the Federal Court ruled the minister had a duty to consider the potential harms for young people from climate change when considering fossil fuel projects.

Ms Ley is appealing the decision, which is set to be heard in the Federal Court in October. But in the meantime, the legal duty of care remains in place.

The Vickery project was approved by NSW planning authorities in August 2020.

The decision has been met with frustration from the teenagers who launched court action to try and stop the mine.

"The emissions from Whitehaven’s expanded Vickery coal mine will only make the climate crisis worse and puts our safe future in doubt," 15-year-old Bella Burgemeister said.

"The minister should be ashamed of her decision."

Ava Princi, 18, from Sydney, said the minister had "turned her back" on the Federal Court, the international scientific consensus on climate change and the young people of Australia.

Australian teenagers explain why they are seeking an injunction to stop a major coal mine extension. (ABC News: Brendan Esposito (photo) Billy Cooper (video))

Equity Generation Lawyers principal lawyer David Barnden ran the case and said the teenagers and their litigation guardian were weighing up possible further legal action in response. 

It is not clear yet whether that action would centre on a challenge the approval itself or a push to declare that the approval breaches the established duty of care. 

“The approval is a surprise in light of the Federal Court’s careful reasoning establishing the Minister’s duty of care not to harm children,” Mr Barnden said.

“The Morrison government’s decision signals to the world that Australia does not appear prepared to act responsibly to protect children from climate harms,” he said.

David Barnden from Equity Generation Lawyers said the decision was surprising. (ABC News: Brendan Esposito)

A spokesperson for Ms Ley said in approving the project, she had taken all relevant considerations into account. "The approval follows a rigorous assessment process and includes strict environmental protection measures," she said.

"A formal statement of reasons detailing considerations in relation to recent court decisions, environmental safeguards and strict conditions to protect water system resources will be published."

Whitehaven Coal released a statement welcoming the approval, saying it “represents the culmination of an exhaustive process of technical evaluation and stakeholder consultation at both the State and Federal levels spanning five years.”

It said the coal produced from the mine would help lower global greenhouse gas emissions.

The extension of the Vickery mine would allow for an extra 25 per cent of coal to be extracted. (Supplied: Whitehaven Coal)

If it proceeds, additional coal from the mine extension will create roughly 100 million tonnes of CO2-equivalent greenhouse gasses, according to the NSW Independent Planning Commission — or about as much as is created each year in Australia by all forms of domestic transport combined.

In the original judgement, Justice Bromberg said approving the mine would cause a small but foreseeable impact on climate change, and that would increase the risk of "catastrophic" harm experienced by young people in the future.

He said it was "startling" that more than 1 million of today's children would require acute care from heat stress at some point in their lives because of global warming.

Farmers 'forced off land'

Boggabri farmer Sally Hunter has long campaigned against the expansion of the coal industry in north-west NSW.

Sally Hunter (ABC News)

She said she and others in the area were gutted to hear the mine was approve.

"The court's laid out in black and white that this new coal mine will have an impact on climate, and it will have an impact on future generations," she said.

"She has ignored that and completely flouted those statements from the court."

The public hearings into the project last year heard concerns about the impact of the mine on water resources for farmers in the Namoi Valley.

"[The mine] is perilously close to the Namoi River... and it will also force more farming families off their farms in this district," Ms Hunter said.

Links

• (AU The Guardian) Australian Government To Appeal Ruling That It Must Protect Children From Climate Harm
• (AU The Guardian) Australian Government Must Protect Young People From Climate Crisis Harm, Court Declares
• (AU RenewEconomy) Australia’s Government Feels No Duty Of Care Towards Young People On Climate
• (AU Legal) Minister Found To Owe Duty Of Care To Consider Climate Change In Decision Making
• (AU Environmental Defenders Office) Analysis: The Walls Are Closing In On Fossil Fuels
• (AU The Conversation) Climate Change Will Cost A Young Australian Up To $245,000 Over Their Lifetime, Court Case Reveals 
• Teenagers sue the Australian Government to prevent coal mine extension on behalf of 'young people everywhere'
• Independent Planning Commission approves expanded Vickery coal mine
• 'It's blown it open': Australian teens force global first with climate change class action