Country
Australia
Date of text
Status
Decided
Sources
Sabin Center
Court name
Environment, Resources, and Development Court
Seat of court
South Australia
Reference number
[2006] 151 LGERA 1
Tagging
Climate Change
Abstract

An Australian state court upheld a council decision to grant Provisional Development Plan consent to a shed that would house a four megawatt capacity coal-fired boiler. Local landowners challenged the council’s decision, asserting that the boiler will have detrimental impacts on the local environment by, among other grounds, releasing greenhouse gases. The court found no evidence in this case of a likely increase in GHG emissions by the proposed development compared with the existing operation. However, it did recognize that increasing GHG emissions may be inconsistent with the principles of ecological sustainable development, including the principles of intergenerational equity and the precautionary principle.

Key environmental legal questions

Challenge to state council decision granting developer permission to install a coal-fired boiler