Anvil Hill court challenge ruling

Anvil Hill Project Watch Association

Media Release, 21 September 2006, regards Federal Court ruling- 20 September 2007


 

The members of AHPWA are disappointed in the findings of Justice Stone to dismiss our application for a judicial review of the Federal Minister for Environment and Water decision to not call in the Anvil Hill Coal Mine development and declare it a controlled action under the terms of the Environmental Protection and Biodiversity Conservation (EPBC) Act.

'It is outrageous in today's world and scientific knowledge that a coalmine does not automatically trigger the EPBC Act." said Christine Phelps, President of AHPWA.

"It is an environmental protection Act and already recognises anthropogenic climate change as a key threatening process and a major cause of habitat loss.

Coal is public enemy number one as a major producer of the world's greenhouse gases.

On the same day that John Howard releases a report finding the Murray Darling basin is in critical danger of total collapse, world scientists are reporting the polar ice caps are melting at a much faster rate and Africa is suffering unprecedented floods that the United Nations directly contributes to Global Warming, displacing millions of people, our Federal Court demonstrates that our laws have no teeth regards developments that contribute to climate change such as coal mines." said Christine Phelps. "This decision clearly demonstrates the inadequacy of the EPBC Act and an urgent need for changes to the legislation. At a time of looming Federal Elections it will be interesting to see how the major parties respond to this decision. If their climate change talk is nothing but rhetoric or wether they will actually address the issues of developments that increase our current greenhouse gas emissions remains to be seen. "

Justice Stone found that the EPBC Act does not prescribe a frame of reference by which the Minister can assess the significance or substantiality of an impact, such as greenhouse gasses, on matters protected by the Act.

AHPWA is awaiting legal advice as to whether to appeal the decision.

 


 

For further information contact:

Christine Phelps - President 02 6547 8011 or mobile 0418 0478 011

Geoff Pettett - Secretary 02 4930 1919 or mobile 0427 478 189