Air pollution, Biodiversity, Wetlands, Causation, Environmental Defenders, Property, Environmental Impact Assessments, Contract, Permits, Evidence
In this case the Honorable Justice Dowsett ruled that upon the basis that greenhouse gas emissions consequent upon the burning of coal mined in " one of the projects mentioned in the proceeding might arguably cause an impact upon a protected matter, which impact could be said to be an impact of the proposed action"said Dowsett J. According to the Judge, the applicant’s concern is the possibility that at some unspecified future time, protected matters in Australia will be adversely and significantly affected by climate change of unidentified magnitude, such climate change having been caused by levels of greenhouse gases (derived from all sources) in the atmosphere. The Justice noted that it must also be practically limited to conduct that is still likely to have a significant impact on a protected matter instead of having a blanket prohibition on any act that could contribute to it. It was decided as such that for these reasons the original decision was just in finding that the coal mines were not controlled actions.