Lyrebird Dreaming – Gregory Andrews
AuthorGregory Andrews is:
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There was some good climate news this week with a strong ‘vibe’ of The Castle about it: ordinary people standing up for the place they love, taking on powerful interests, and pursuing justice all the way to the High Court.
A group of ordinary Aussies in the Hunter Valley successfully defended a legal challenge to the expansion of the Mount Pleasant coal mine in the High Court of Australia. And just like in the movie, the significance reaches well beyond one decision.
It’s a reminder that hope and sustained community action can produce real consequences. Even when politics seems stuck!
By a three-to-two majority, the High Court found the NSW Independent Planning Commission had failed to consider whether conditions should be imposed to minimise the coal mines greenhouse gas emissions, including the emissions produced when its coal is burned overseas. Those downstream, or Scope 3, emissions represented about 98 per cent of the project’s total.
It’s a meaningful advance because incremental accumulation of legal decisions matters. Courts establish how legislation must be interpreted, what decision-makers must consider, and when an approval has crossed the line into unlawfulness. So each successful case can give communities a firmer basis for the next challenge.
It can also influence decisions long before anyone enters a courtroom. A planning official preparing an assessment, a company developing an application, or a lawyer advising on an approval must think about whether their approach will withstand scrutiny. That’s how incremental legal progress can have practical effects.
But to me perhaps the biggest thing to celebrate from this decision is the power of community action. People organising around a place they love can achieve something that reaches well beyond their own district.
Yes there are immediate limits to the judgement. It only interprets NSW legislation. So it doesn’t automatically impose identical duties under Commonwealth or other states’ laws. Nor does it ban coal expansions or require every future application to be refused. But it’s a significant victory for accountability and legal precedent.
There’s also an uncomfortable political contradiction for the Albanese government.
Responding to the ruling, Climate Change Minister Chris Bowen said the government respected the law as interpreted by the High Court. Environment Minister Murray Watt emphasised the judgment concerned NSW legislation and didn’t automatically transfer to Commonwealth decisions. He also returned to the familiar argument that emissions from Australian coal burned overseas count towards the importing country’s emissions.
But here’s the thing, Murray Watt’s focus on an accounting trick doesn’t settle the questions of atmospheric physics or responsibility for approving an activity that produces the coal and its emissions.
As a former climate negotiator, I understand why national emissions inventories allocate emissions between countries. A consistent accounting system matters. But the atmosphere doesn’t where where the pollution occurs or is recorded. The Albanese Government’s spin of “counted overseas” is merely an excuse for treating Australia’s coal emissions as someone else’s problem. The High Court has exposed that weakness. Overseas accounting didn’t remove the obligation to consider the impact of the emissions.
For me, this is what Active Hope looks like. Hope expressed through a local community’s decision to act, even when success is uncertain and the odds look daunting. The Hunter Valley people behind this case didn’t know it would win. They organised and persisted anyway. And their efforts have strengthened legal foundations available to us all. Their local action has left a national legacy.
Community action made a powerful company answer to the law and shone a light on what must be confronted. For those of us who sometimes feel overwhelmed by the scale of the climate crisis and our government’s inaction, that matters. We don’t always need certainty that our actions will succeed before they are worth taking.
The Castle gave us a story about ordinary people standing their ground and winning. These Hunter Valley locals have given us a climate version of our own. That’s active hope. And this week, we got some.
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| The Castle (1997) celebrated ordinary Aussies standing up to powerful interests. Nearly 30 years later, a Hunter Valley community has delivered a climate version. |
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