MACH Energy Australia Pty Ltd v Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc 2026 HCA 35 - 7 October 2026
Country
Year
2026
Summary
Administrative law - Judicial review - Where appellant sought development consent for project to extend and expand coal mine - Where Independent Planning Commission of New South Wales ("Commission") granted development consent - Where Scope 3 emissions constituted 98 per cent of project's total greenhouse gas emissions - Where no conditions to minimise Scope 3 emissions imposed - Whether Commission complied with obligation to consider "likely impacts of that development, including environmental impacts ... in the locality" - Whether Commission complied with obligation to consider imposing conditions aimed at ensuring greenhouse gas emissions minimised to greatest extent practicable.
