15 November, 2013
Retrospective changes to federal law threaten community court challenge
An amendment to the national environment law tabled by Environment Minister Greg Hunt in the first week of parliament may interfere with a pending court challenge to the damaging Maules Creek open-cut coal mine in the state’s north-west, the Nature Conservation Council of NSW has warned.
If passed, the amendment would retrospectively validate approval decisions that failed to consider conservation advice for threatened species.
The move is seen as a reaction to the Federal Court's decision to invalidate a federal approval for an iron-ore mine in the Tarkine after a successful legal challenge by a community group.
One of the grounds in the challenge to the Maules Creek mine was similar to the grounds of the Tarkine legal challenge, but will be rendered useless if the Federal Government’s amendment is passed by parliament before the court rules on the Maules Creek case.
“In the same way that NSW Premier Barry O'Farrell has gutted the NSW mining planning policy in response to the Bulga community's legal win against Rio Tinto, Minister Hunt is changing the law to suit mining interests following a community victory in the courts,” said NCC Chief Executive Officer Pepe Clarke.
“It is alarming that this bill could interfere with an active court challenge to the Maules Creek coal mine and calls into question the government's respect for the separation of powers.
“The constant shifting of the goal posts by state and federal governments to suit mining interests creates massive uncertainty for communities and will only further erode community confidence in the planning and legal process.
“We call on the Coalition government to abandon this damaging amendment, which poses a serious threat to our unique flora and fauna.”
The legal action brought by the Northern Inlands Council for the Environment challenging the validity of former Environment Minister Tony Burke's approval of the Maules Creek mine is based on three grounds, including that the minister failed to consider conservation advice for the endangered Tylophora linearis.
Judgment has been reserved and is expected within the next month.
15 November, 2013
Retrospective changes to federal law
threaten community court challenge
An amendment to the national environment law tabled by Environment Minister Greg Hunt in the first week of parliament may interfere with a pending court challenge to the damaging Maules Creek open-cut coal mine in the state’s north-west, the Nature Conservation Council of NSW has warned.
If passed, the amendment would retrospectively validate approval decisions that failed to consider conservation advice for threatened species.
The move is seen as a reaction to the Federal Court's decision to invalidate a federal approval for an iron-ore mine in the Tarkine after a successful legal challenge by a community group.
One of the grounds in the challenge to the Maules Creek mine was similar to the grounds of the Tarkine legal challenge, but will be rendered useless if the Federal Government’s amendment is passed by parliament before the court rules on the Maules Creek case.
“In the same way that NSW Premier Barry O'Farrell has gutted the NSW mining planning policy in response to the Bulga community's legal win against Rio Tinto, Minister Hunt is changing the law to suit mining interests following a community victory in the courts,” said NCC Chief Executive Officer Pepe Clarke.
“It is alarming that this bill could interfere with an active court challenge to the Maules Creek coal mine and calls into question the government's respect for the separation of powers.
“The constant shifting of the goal posts by state and federal governments to suit mining interests creates massive uncertainty for communities and will only further erode community confidence in the planning and legal process.
“We call on the Coalition government to abandon this damaging amendment, which poses a serious threat to our unique flora and fauna.”
The legal action brought by the Northern Inlands Council for the Environment challenging the validity of former Environment Minister Tony Burke's approval of the Maules Creek mine is based on three grounds, including that the minister failed to consider conservation advice for the endangered Tylophora linearis.
Judgment has been reserved and is expected within the next month.
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Federal environmental laws
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