Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd; Independent Planning Commission

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

30/09/2020

LITIGATION TYPE

Access to Justice, Project Approval - Mitigation

SUBJECT MATTER

Costs, Gas and Oil

REVIEW TYPE

Judicial Review

SUMMARY

(Excerpt from first judgment) [1] The Applicant has commenced judicial review proceedings challenging on numerous grounds the approval of the state significant development application of the First Respondent Santos NSW (Eastern) Pty Ltd for the Narrabri Gas Project (the Project) determined by the Independent Planning Commission (IPC), the Second Respondent. The IPC has filed a submitting appearance. The Applicant seeks leave under r 31.19 of the Uniform Civil Procedure Rules 2005 (UCPR) to rely on expert evidence of climate scientist Dr Sackett. The Applicant also seeks an order under r 59.7 of the UCPR that this evidence be adduced orally.

(Catchwords from second judgment) JUDICIAL REVIEW – decision to grant development consent to gas project – greenhouse gas (GHG) emissions of project – comparison of GHG emissions advantage of gas over coal – whether misconstruction or failure to consider impacts of project – statutory requirement to consider imposing condition of consent minimising GHG emissions – whether GHG emissions include downstream emissions – condition not imposed as downstream emissions outside direct control of proponent – whether misconstruction of statutory requirement – whether decision legally unreasonable – project gas to be transported to market by pipeline – pipeline not part of gas project – whether impacts of pipeline are impacts of gas project – whether failure to consider impacts of gas project

(Catchwords from third judgment) COSTS – public interest litigation – judicial review of development consent to fossil fuel project – proceedings unsuccessful – whether proceedings brought in public interest – whether unreasonable conduct of litigation – reliance on expert evidence not used by court – no order as to costs

CASE DOCUMENTS

Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd; Independent Planning Commission [2021] NSWLEC 24
Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd [2021] NSWLEC 110
Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd (No 2) [2021] NSWLEC 147