Australian Conservation Foundation v Latrobe City Council

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

29/10/2004

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal-fired and gas-fired power station

REVIEW TYPE

Merits review

SUMMARY

The Australian Conservation Foundation (ACF) challenged a decision of the Latrobe City Council to amend its planning scheme to facilitate the development of an additional coal mine to supply the Hazelwood coal-fired power station. The Government had established a panel to assess the environmental impacts of the development but had specifically required that the panel not consider the impacts related to the greenhouse gas emissions. The Tribunal held that the environmental impacts of GHG emissions were relevant matters to be considered when assessing the proposed planning scheme amendment, which could not be excluded by the Minister for Planning. The Tribunal ordered the panel reassess the amendment, taking into account the GHG emissions. The development subsequently obtained all necessary approvals, but the Government required the power station owners to enter in to a "Greenhouse Gas Reduction Deed" with the government.

CASE DOCUMENTS

Australian Conservation Foundation v Latrobe City Council [2004] VCAT 2029; (2004) 140 LGERA 100