GRL was granted the right to challenge the project's refusal in court, which is unusual. "Gloucester Resources Limited will assess the implications of today’s decision and consider itsThe Land and Environment Court has reserved its judgment in the Rocky Hill coal mine appeal...The two-week landmark hearing, the first its kind since the Paris Agreement, heard expert testimony about climate change, the carbon budget and the impacts of burning fossil fuels...Gloucester Resources, the company behind the project, and Yancoal Australia, the company behind an associated modification to the Stratford Coal extension project, are challenging the development application refusal by the Department of Planning and Environment’s independent Planning Assessment Commission late last year.Gloucester Resources argued that climate change was “really a complaint about global geopolitical relations” and merits appeal in the Land and Environment Court over the mine’s refusal was “a most singularly inappropriate vehicle” for doing so...Disclaimer: Business & Human Rights Resource Centre and its collaborative partners take no position on the diverse views presented in linked material by the various commentators, organizations & companies. This is not just a physical inquiry – amenity may embrace the effect of a place on the senses, the residents’ perception of the locality and their envisaged impacts from the project. The Business & Human Rights Resource Centre is at a critical point in its development.
Chief Judge Preston then considered each of the Effects in turn.Chief Judge Preston confirmed that the materiality of the social impact from an Effect will be affected by: The degree to which an impact can be mitigated or managed will be relevant to the assessment of the materiality of the risk rating.Based on the judgment, a mitigation measure might be more likely to overcome an adverse social impact if it:This decision provides a systematic and comprehensive assessment of social impacts of the project, based on the Guideline.Project proponents should consider Justice Preston's framework carefully, starting early in the environmental assessments for their projects – whether new projects or modifications of existing projects. Relevantly, people who support the project also have fears and aspirations which should not be discounted The geographical area affected by the impact (or the number or proportion of people or population groups who are affected).Scale or degree of change from the existing condition as a result of an impact.Susceptibility or vulnerability of people, receivers or receiving environments to adverse changes caused by the impact, or the importance placed on the matter being affected. This incorporates both physical health (including impacts from noise, night lighting, fine particles and other contamination) but also mental health and other social impacts such as an expected exodus of residents. case will be used for projects across various industries, so proponents should be using the framework to shape their applications and assessments. On 23 April 2018, the local community action group “Gloucester Groundswell” joined the court proceedings and both the Commission and Gloucester Groundswell raised that the “Rocky Hill” mine project is incompatible with the existing, approved and likely preferred uses of nearby land and has adverse social impacts on residents.On 8 February 2019, the New South Wales Land and Environment Court upheld the government’s denial of the application. The concept of the "amenity" of a place or locality is wide and flexible. This includes access to and use of ecosystem services, public safety and security, access to and use of the natural and built environments, and aesthetic qualities and amenity.
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rocky hill coal mine case