Dual Gas Pty Ltd v Environment Protection Authority

COURT OR TRIBUNAL

Victorian Civil and Administrative Tribunal

DATE FILED (OR FIRST HEARING DATE)

24/10/2011

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal-fired and gas-fired power station

REVIEW TYPE

Merits review

SUMMARY

Dual Gas Pty Ltd sort to develop a power station in the Latrobe Valley, designed to operate under a 'clean coal' technology. The EPA issued works approval for a station at half the capacity originally specified by Dual Gas. Four objectors sought review of this decision, claiming that the emissions would be inconsistent under the State Environment Protection Policy (Air Quality Management) ('SEPP(AQM)'). Dual Gas objected, seeking a restoration of the full capacity. The Tribunal was required to undertake an extensive consideration of the standing of the four environmental objectors, ultimately finding that three of them had requisite standing, under the 'person whose interests are affected' test. Nonetheless, the Tribunal found that the proposed works satisfied the environmental requirements of the SEPP(AQM). The Tribunal upheld Dual Gas' request for a return to full capacity, however it also uphold conditions relating to the release of greenhouse emission intensity and sulphur levels, both of which Dual Gas had disputed. The decision also considered the Climate Change Act 2011 (the precursor to Victoria's 2017 Act).

CASE DOCUMENTS

Dual Gas Pty Ltd v Environment Protection Authority [2012] VCAT 308