<
https://reneweconomy.com.au/high-court-blocks-appeal-for-bylong-coal-mine-in-likely-fatal-blow-to-project/>
"The High Court has refused to hear an appeal sought by the proponents of the
Bylong coal mine project who wanted to overturn state planning refusal,
potentially killing off the project for good.
Korean electricity utility Kepco had applied for planning approvals to build
the Bylong coal mine, around 160km north-west of Newcastle, which would have
delivered up to 120 million tonnes of thermal coal over a 25-year operating
life. The coal was destined for coal generators in South Korea.
In 2019, the NSW Independent Planning Commission (IPC) refused to grant
development approval to the Bylong project, citing the potential impacts on the
regions water resources, agricultural land and the project’s potential
contribution to worsening climate change.
The NSW IPC described the global warming implications of the project has
“problematical”.
Kepco sought to overturn the NSW IPC’s decision to refuse planning approvals,
initially through the NSW Land and Environment Court and then through the New
South Wales Court of Appeal, both of which upheld the refusal.
This week, Kepco applied to the High Court for special leave that would allow
it to appeal the NSW IPC’s decision.
On Thursday morning, the High Court declined to grant Kepco special leave to
appeal, effectively preventing the challenge from being heard by the court and
providing a definitive affirmation of the IPC’s decision.
It’s the end of the road for Kepco in terms of the planning process, leaving it
to decide whether it will abandon the project altogether, or start the process
afresh with a revised mine proposal.
Philiips Kennedy, the president of the Bylong Valley Protection Alliance, the
lead respondent to the High Court appeal, said Kepco needed to accept that the
project was effectively dead."
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*** Xanni ***
--
mailto:xanni@xanadu.net Andrew Pam
http://xanadu.com.au/ Chief Scientist, Xanadu
https://glasswings.com.au/ Partner, Glass Wings
https://sericyb.com.au/ Manager, Serious Cybernetics
