GRL apply to renew licences - your objection is needed

Dear members and supporters
First we share this news

AGL's CSG exploration licence at Gloucester is finally cancelled.

393 NSW Government Gazette No 21 of 31 January 2020 Petroleum Exploration Licence No. 285, AGL UPSTREAM INVESTMENTS PTY LIMITED (ACN 115 063 744), County of Gloucester, Map Sheet (9233, 9234, 9333), area of 13 blocks. Cancellation took effect on 23 January 2020.

Now to GRL and this is where your help is needed asap - In February 2019 the NSW Land and Environment Court rejected the application by Gloucester Resources Limited (GRL) for the Rocky Hill Coal Mine at Gloucester. Despite the comprehensive rejection of the mine, GRL has applied to the NSW Government to renew Exploration Licences 6523 and 6524.

Groundswell Gloucester has sent letters to both the minister and department (letter below). Your letters are needed to show strong opposition to the renewal of Exploration Licences 6523 and 6524.

Send your objections to The Hon Matthew Kean Energy and Environment Minister
https://www.nsw.gov.au/nsw-government/ministers/minister-for-energy-and-environment

and

CEO Division of Resources and Geoscience Department of Planning, Industry and Environment PO Box K348 Haymarket NSW 1240.

Thank you for sending your objection Sue Kingston Groundswell Gloucester Secretary

_______________________________________________________________

14 April 2020 The Hon Matthew Kean Energy and Environment Minister
and
CEO Division of Resources and Geoscience Department of Planning, Industry and Environment PO Box K348 Haymarket NSW 1240.

Dear Minister/Sir/Madam,

RE: Application by Gloucester Resources Limited (GRL) to renew exploration licences (EL) 6523 and 6524

Groundswell Gloucester is a community group which takes an active interest in the activities of GRL in and around the township of Gloucester. Groundswell was a party to the proceedings in the NSW Land and Environment Court which resulted in the Court refusing GRL’s application to construct the Rocky Hill Coal Mine withing the area of EL 6523. That decision, of which you are no doubt aware, was handed down in February 2019 .

GRL has applied to your department to renew Exploration Licenses 6523 and 6524. Groundswell objects to the renewal of both Els.

Ground 1 GRL is in a parlous financial state as disclosed by the latest financial statements and reports filed by the company with ASIC, A copy is enclosed.

As at 30 June 2017 GRL has liabilities exceeding assets of well over $30 million and accumulated losses of over $38 million. As at 30 June 2017 it had cash reserves of just over $80,000.00.

Concerningly, GRL has failed to comply with its obligations to file further financial reports with ASIC beyond the 2017 financial year. Having regard to the substantial costs involved in relation to the Rocky Hill application, it seems highly likely that the company’s financial position would be even worse now than disclosed in the 2017 return. Groundswell has lodged a complaint with ASIC relating to GRLs breach, but the complaint has not yet been dealt with.

GRL should be required to immediately produce up to date audited financial details.

Groundswell submits that the financial position of the company means it is not a fit and proper person to hold an EL and the applications should be refused.

It might be suggested that the company or individuals which own the shares are financially strong. In our submission that is an irrelevancy and ignores the basics of company law which protects such shareholders from any financial liability for the actions of the company.

Ground 2 The proposed Rocky Hill mine was refused by the Court on the grounds detailed in the case referred to above. It is clear that all such grounds would also apply to any further application to mine within the area of EL 6523. As you will be aware those reasons included:

• The social and cultural impact of the mine • The particular impact upon Aboriginal heritage and culture • The impact upon disadvantaged groups and issues of equity • The impact upon heritage-scenic values • The inconsistency of the mine with the relevant zoning • The dust and particulant emissions • The proximity of the mine to communities • The resultant greenhouse gas emissions and its effect on climate change • The mine’s limited economic benefits, which the Court found, GRL had substantially overstated.

Most, if not all, of the reasons given by the Court for refusing the application would also apply to any application to mine within the area of EL6524.

Accordingly, there is no realistic prospect of GRL ever being able to make a successful application to mine within the area of either licence. It would be pointless to renew both licences.

We have provided a short summary of the Court’s reasons above but ask that you kindly consider the Court’s reasons for refusal in detail.

Ground 3 This ground was really part of the Court’s reasoning, but we suggest that GRL has no social licence to keep exploring for coal within the area of both licences. Gloucester and the surrounding areas have endured many years of uncertainty because of these licences (and the earlier fiasco with AGLs flawed CSG project), and the burden should now be lifted by a refusal to renew both licences.

Yours faithfully,

John Watts, For and on behalf of Groundswell Gloucester

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Presentation: Rocky Hill Litigation

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Rocky Hill coal mine is defeated.

For all Resources and Media for
Rocky Hill and AGL CSG campaigns please see our Resources page.

READ MORE ABOUT THE CASE HERE
and how Merits Appeals provide access to justice
HERE

EDO REPORT: Climate-ready planning laws for Rocky Hill and Beyond
- CLICK HERE

FINAL SUBMISSION HERE

ROCKY HILL ABORIGINAL HERITAGE
(Written for The Law Journal) by John Watts, Jeff Kite, Michael Manikas and Ken Eveleigh - CLICK HERE
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David Morris speaking at Friday's press conference with Julie Lyford and Di Montague of Groundswell Gloucester. Image ABC News (8/2/19)

AGM 2019 Report
9 August 2019

Dear Members and Supporters

The Groundswell Gloucester AGM was held on 7 August 2019.

The following Management Committee members were elected:
President - Julie Lyford
Vice President - Ed Robinson
Secretary - Sue Kingston
Treasurer - Tina Robinson
Ordinary Members - Dominique Jacobs, Jeff Kite, John Watts

President’s report for 2018-2019

Welcome everyone to the 2019 AGM - our 6th year of all things Groundswell Gloucester.

Firstly, I would like to acknowledge that we reside on the stolen lands of the Worimi and Biripi First Nation's people. The land has never been ceded and we pay our respects to elders past, present and to those of the future. The Uluru Statement From the Heart needs to be front and centre of the government’s legislation in recognising our First Nation’s people and we need to advocate as strongly as we can for equality, a treaty and Indigenous representation in all our parliaments and decision making bodies.

This has been a huge year for the Gloucester community and the world of climate politics.

The Rocky Hill campaign, fought by so many for so long, finally was won with the headline ‘Wrong Time, Wrong Place’. Chief Judge Preston handed down his decision and it validated all the work achieved by so many individuals and groups. Rocky Hill mine is finally dead and buried.

Groundswell Gloucester was only able to achieve what it did due to groups such as Lock The Gate, The Environmental Defenders Office NSW, the Knitting Nannas, Sydney groups, people from all over Australia - and so many residents who stood up to be counted.
6,700 people signed the petition to remove the GRL licences, hundreds wrote submissions, marched, protested and assisted in so many ways.

Barrington-Gloucester-Stroud Preservation Alliance (BGSPA) were the founding members of this fight, followed by GRIP (Gloucester Residents in Partnership) with many of those involved following through onto the Groundswell Gloucester committee.

The court case held in Gloucester and Sydney last year was very successful - all submissions were powerful and heartfelt. Those who were able to speak to the court were strong and full of courage. We thank those who stood up in the face of adversity and for many at personal cost.
I would like to extend my deepest thanks to Sue Kingston in recognition of the long hours and brilliant administration/organising skills that led to a very professional court case and ongoing committee work.

Matt Floro, Robert White, Megan Kessler, Brendan Dobbie, David Morris and Elaine Johnson from the EDO NSW were brilliant in representing our community, also with the wonderful success of the powerful climate change argument. We are now recognised internationally for their groundbreaking work. We owe a deep gratitude to the NSW EDO and our barrister Robert White.

So now we move forward, Gloucester is picking itself up and progressing forward. We had a very successful Sustainable Futures 2019 Convention, attended by over 300 people over the two days to hear the truly excellent presenters. Go on a tour the website www.gloucestersustainablefuture.com to see what an amazing weekend it was.

Groundswell Gloucester will continue for another year so that the exploration licences and petition are addressed. We have upgraded the Groundswell Gloucester website for those who wish to learn more about the AGL and Rocky Hill wins. A reference group has been set up on the contacts page - Di Montague, Garry Smith, David Marston, John Watts, Julie Lyford for advice on various aspects of both campaigns.

The team of Groundswell work extremely hard, with many having been involved with these local issues for a long time - some 5, some 10 and some 25 years. It has come at a personal cost for many, yet the dedication has been incredible. It has been an honour to work alongside them and I feel deeply grateful to have been part of the Groundswell journey.

With special thanks to local campaigners Steve Robinson, David Hare Scott, Graeme Healy, Robin and Rod Besier, Jeff Kite, Ed and Tina Robinson, Garry Smith, Gerald McCalden, Denise Gilbert, Di Montague, Chris Russell, Sue Kingston, John Watts, Jenni O’Neil, Anthony Berecry, Michael Bowman, Thomas Davey, Brad Bowden, Ray Dawes, Graham Gardener, Phillip Greenwood, David Marston - there are many others who were invaluable - the Gloucester community is a wonderful place with the valley saved for future generations - thanks to you all.

With respect
Julie Lyford OAM
Chair - Groundswell Gloucester
United Wambo Coal Mine
6 August 2019

Following on from the refusal of Rocky Hill coal mine, our input is needed to build pressure to stop, delay, and put in place conditions for coal mines to reduce greenhouse emissions. Take time to read the letter below and make a submission.

Groundswell Gloucester team

* * *
Monday, August 5, 2019

Dear friends,

On Friday the NSW Independent Planning Commission published a statement indicating it is considering imposing a condition on Glencore’s proposed United Wambo coal mine that would directly link the mine’s approval to the Paris Agreement.

This proposal is a very important step by the Commission expressly linked to the Land and Environment Court’s judgements in the Rocky Hill case, and the more recent Wallarah 2 case.

It’s remarkable and important in two ways:

1 .it would for the first time make the Paris Agreement and global efforts to reduce greenhouse gas emissions part of the framework for a NSW coal mine approval
2. instead of simply workshopping conditions with the proponent of the mine, as of old,the IPC is giving the public an opportunity to have input into this matter
They are giving all of us the opportunity to provide input and feedback on their proposal and I’d be grateful if you could all read the background below and take this opportunity to put a quick submission in.

• A decision in the proposed new Bylong coal mine has been blessedly delayed (a story for another day). As a result, it seems likely that United Wambo will be the first new coal mine project determined in NSW after Rocky Hill (noting that a couple of mine-expanding modifications have been approved in the interim.)
• United Wambo is sort of a new mine and sort of an expansion. It’s a joint venture of Peabody and Glencore, combining the existing open cut operation of Wambo mine with a new open cut at the old underground United colliery which has been shuttered for ten years or so (and is 5% owned by the CFMMEU).
• According to the mine’s EIS, the project would be responsible for 265 million tonnes of greenhouse gas pollution over its life, of which 259 million tonnes would come from burning the product coal overseas
• The IPC is now proposing an unprecedented condition of consent for United Wambo that requires Glencore to produce an Export Management Plan for the mine that demonstrates that the customers of the coal exported from United Wambo are parties to the Paris Agreement, or that they have policies to reduce greenhouse gas emissions that would otherwise be similar to those required of them if they were a party to the Paris Agreement.

Unlike Bylong, United Wambo is not the kind of coal mine we would expect to have a serious chance of actually being refused by the Commission, even though it will have considerable biodiversity, air, water and noise impacts.

This development is part of ongoing work in NSW for more than twelve years, since the Anvil Hill campaign. In the wake of EDO and Groundswell’s victory in Rocky Hill, many people were excited about the possibility that the decision might translate into a change in the way mines are considered or even determined in NSW, and this is evidence that it has.

The Commission panel considering this project has been exploring how to consider Scope 3 greenhouse emissions in their decision in the light of Rocky Hill for some time. Professor Will Steffen provided expert advice about United Wambo for Hunter Environment Lobby and the EDO which has been submitted to the IPC that argues there is only 215 Gt tonnes left in the allowable carbon budget for achieving the Paris Agreement goal of limiting global average temperature rise to below 2 degrees Celsius. In his advice, Prof Steffen notes that the carbon budget for achieving the safer course of limiting warming to 1.5 degrees is only 155Gt, or fifteen years of emissions at current rates. Prof Steffen’s reasonable conclusion from all of this is that there is no room in the atmosphere for any new coalmines.

The IPC also got a lengthy submission on the matter from Glencore after which they asked the Department of Planning if it wanted to revise its greenhouse assessment of the project. These things had never occurred before.

Last week, Glencore wrote to the Commission saying it was usual practice for proponents to be approached to review draft consent conditions, and asking for the opportunity to do that for United Wambo. I’m surmising that perhaps they had heard a condition like this was being considered. Instead of just talking to Glencore about this, the IPC has published a statement and invited public comment on the matter until Friday this week.

The countries that might be customers of this coal mine are Paris Agreement signatories and clearly publishing this condition indicates the IPC is leaning towards approving the mine as expected.Nevertheless, this is a proposal that I’m hoping many of you will make submissions supporting, even though your submission might also note that you believe the mine overall is not in the public interest.

You can send your comments on the matter to the IPC by email: ipcn@ipcn.nsw.gov.au as long as you get them in by 5pm Friday.

Tell them you think the mine should be refused, but please also say you support the inclusion of this condition if they do grant approval for the mine, with the possible addition, for example, of review clauses to reflect the progressive architecture of the Paris Agreement – designed, as it is, to facilitate increasing ambition over time.

Thanks for your support
Georgina Woods
Petitions, AGM, Membership Renewal
24 June 2019

Dear Groundswell Gloucester members and supporters A quick update from the Groundswell team!
We are now at the stage of requesting a meeting with Minister Stokes to present the 6,700 signature petition regarding the Rocky Hill licences. Thank you to all those who gathered them with a very special acknowledgement to Nawal Maharaj and Genevieve Goodwin and others from the Manning Clean Water Action group. They managed to garner over 3000 signatures from concerned Manning valley residents - a brilliant effort.
If you have petition sheets, please send them to Groundswell Gloucester, PO Box 380, Gloucester NSW 2422 or by hand to Julie and Sue
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We are canvassing the idea of taking a bus to Sydney to present them - thanking the government this time instead of protesting!!! What a different perspective!! With media and maybe a bunch of flowers for the Premier……. we could make quite a splash about the government actually listening to the people!
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Wait! There's more!! The brilliant EDO NSW lawyer Matt Floro and possibly others, who made the win against Rocky Hill possible, are
attending your Groundswell Gloucester AGM and dinner on the 7th August at 6.30pm. Venue to be advised and bookings for dinner will be taken when organised. We would love your attendance so you can thank the EDO and hear for yourselves what the judgement means. Let us show our appreciation by having a great, fun crowd :)
Matt will give a comprehensive presentation on the Rocky Hill judgement and the ongoing effects - this time he can tell you everything he knows as we have won!!!!!! Matt has been outstanding as have his colleagues in fighting for us - they are tireless in their work.
If you are thinking of supporting the NSW EDO - go to their website and donate if you can.
There are many media and other requests still rolling in re the judgement and indeed about the last 10-20 years of history around Gloucester and fossil fuel extraction. Today we met with a Dutch journalist, another major Dutch newspaper contacted us last week, there are speaking/presenting/advisory requests coming in weekly and Gloucester is certainly in the international spotlight. Thank you everyone for being an integral part of the success.
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Groundswell Membership It's that time of year again! Your Groundswell Gloucester membership is now due for renewal for 2019/20. Membership fees are payable annually on 1 July. There is no membership renewal form. The renewal fee is $10 per person. Receipts are issued only on request. Ways to Renew:
DIRECT DEPOSIT TO HCCU BSB: 721 000 Account No: 100172669 Please use your Initial and Surname as your payment reference and send an email to Treasurer Tina Robinson ( tinarobinson2422@gmail.com) to advise that you have paid.
CHEQUE Made payable to 'Groundswell Gloucester Inc.' and posted to PO Box 380 Gloucester 2422. Please write on back of cheque: 'Surname 2019/20 Membership'.
CASH Hand to any Committee member and confirm to Tina Robinson by email. Thank you to those who have already renewed.
Warm regards Julie, Ed, Sue, Tina and Jeff
Rocky Hill Coal mine proposal - Intention to Appeal has been lodged
8 March 2019

Dear Members and Supporters
We hoped that we could send you this message on Monday telling you it was all over - however, not quite it seems! Put the kettle on, take a deep breath and make sure you have some fun things lined up for the weekend :)
I received a call from the EDO earlier this afternoon that GRL (Rocky Hill) were going to file a Notice of Intention to Appeal. Even though we had been prepared for this it still came as a shock.

To be honest, I fell pretty angry about the relentless arrogance and appalling behaviour of the coal industry at large riding roughshod over so many communities like ours.

However, to be clear, this is an intention to lodge an appeal. This is not an appeal itself and indeed after the two month period from today where GRL are required to file their appeal (May 8th 2019) it could be that they decide not to appeal!

However, we will prevail. For the next two months we get on with our lives as usual and wait to see if the appeal eventuates. If it does, the EDO will be ready yet again to fight on your behalf.

It would be wonderful if people could support those they know of who have been enduring this decade of uncertainty with a phone call or a coffee or maybe something stronger!

Lets support each other as we always do, moving forward and keeping positive.

This is what these companies do everywhere - only this time we have everyone on our side to protect Gloucester. We will keep you updated as to any further developments.

Please give me a call if you need clarification on any of this - and don’t forget to buy your tickets to our Gloucester Sustainable Futures Convention 30-31st March - uplifting, positive and amazing weekend you will not want to miss!! Tickets selling fast!
2019 Sustainable Futures Convention

warm regards
Julie Lyford
Chairperson Groundswell Gloucester team
A Landmark Win for Climate and Community
12 February 2019

Dear Members and Supporters
Please find below excerpt from EDO NSW media
Warm regards
Groundswell Gloucester Team
* * *
Well it's been a huge week for everyone at EDO, and our clients across NSW.
Firstly we had the report from the SA Royal Commission into the Murray-Darling Basin, which validated the legal advice and submissions we've made over the past several years and reinforced the pressing need for the policy changes our expert staff are recommending.

Then we had Friday's fantastic win on our Rocky Hill case in the Land and Environment Court - a wonderful result for the community of Gloucester, a testament to our Barrister, Robert White, expert witnesses Emeritus Professor Dr Will Steffen, energy analyst Tim Buckley, acoustics expert Stephen Gauld and anthropologist Dr Hedda Askland, and a hugely important judgment in Australian climate litigation. THANK YOU to everyone who supported us while we built and argued our case - we could not have done it without you!

Chief Justice Brian Preston SC handed down his judgment in our landmark case, refusing approval of a new coal mine to be built just outside of the small town of Gloucester. This is the first time an Australian court has refused consent for a coal mine on the basis of its climate change impacts. The judgment poses a foundational question for all future fossil fuel projects: “the wrong time” test.

The Court accepted our scientific evidence and the concept of a global carbon budget. In the face of that acceptance, the judgment presents a foundational question for all decision makers on fossil fuel projects: given that, if we are to remain within the global carbon budget, only a finite amount of additional carbon can be burned, and that existing approvals already exhaust that budget, why should this particular project be prioritised over any other, or displace an existing approval? That is ‘the wrong time’ test, and I believe it will prove an insurmountable barrier for many projects going forward.

As you know, we argued on behalf of Groundswell Gloucester that the proposed mine was contrary to the public interest and principles of ecologically sustainable development because of its significant social and climate change impacts. The Court accepted those arguments in deciding to refuse approval for the mine, finding that carbon emissions from the mine will contribute to global warming, and approving it will not assist in achieving the rapid and deep reductions in emissions needed in order to meet Australia’s Paris targets.
Significantly, the Court held that it was not important that emissions from the mine would be a fraction of global total emissions, noting that the global problem of climate change needs to be addressed by multiple local actions to mitigate emissions. The Court also found that the mine’s economic benefits had been substantially overstated.

Importantly, the Court found that the Rocky Hill coal project will cause a variety of serious negative social impacts to the Gloucester community, including visual, noise and dust impacts, and significant impacts to Aboriginal Cultural Heritage, stating that the mine will severely impact on people’s sense of place - especially damaging to local Aboriginal people and their connection to Country.
In summing up his judgment, Chief Justice Preston SC said: “In short, an open cut coal mine in this part of the Gloucester valley would be in the wrong place at the wrong time. Wrong place because an open cut coal mine in this scenic and cultural landscape, proximate to many people’s homes and farms, will cause significant planning, amenity, visual and social impacts. Wrong time because the greenhouse gas emissions (GHGs) of the coal mine and its product will increase global total concentrations of GHGs at a time when what is now urgently needed, in order to meet generally agreed climate targets, is a rapid and deep decrease in GHG emissions. These dire consequences should be avoided. The Project should be refused.”

This landmark case is a seminal moment in the development of climate litigation in Australia and well and truly puts us on the map in terms of international climate change litigation. EDO's public interest environmental lawyers are at the forefront of using the law to protect our climate and nature for current and future generations.

Donate to build the EDO's Environmental Defence Fund
Our argument was based on science, economics and – we argued - the proper application of the law. The climate contention as a ground for refusing this mine was innovative; the first time climate change has been addressed this way in an Australian court using the concept of a carbon budget as its basis.

Like so many great ideas, its strength was its simplicity. While there was lots of necessary evidence and discussion about the carbon budget, geopolitical climate policy and Australia’s legal framework for climate change, ultimately our argument was simple: if you accept the science, then the local legal framework compels you to refuse the mine because it’s clearly not in the public interest to increase emissions.

As Professor Steffen said in Court, “it’s one atmosphere, it’s one climate system, it’s one planet - and so we need to start thinking more carefully about the net effect of wherever coal is burnt, or oil or gas… The project’s contribution to cumulative climate change impacts means that its approval would be inequitable for current and future generations”.

Julie Lyford, Chair, Groundswell Gloucester, “The Gloucester community is deeply grateful to EDO NSW staff and Barrister Robert White for their unstinting support of the Gloucester residents and assisting in the protection of our beautiful valley. We are ecstatic that the court has ruled against the proposal for an open cut mine, 250m deep and less than 1km from family homes. Climate change is the major threat to our regions, water, health and to the planet."

Thanks again for the support you've shown us too - it's heartening to know we have your backing when we're in Court, defending local communities and everybody's right to a safe, healthy environment. If you're able to become a Friend of the EDO and commit to a regular donation, or make a one-off gift today, we would very much appreciate it. We can't do it without you!

David
David Morris, CEO


EDO NSW recognises the traditional owners and custodians of the land, seas and rivers of Australia. We pay our respects to Aboriginal and Torres Strait Islander elders past and present, and aspire to learn from traditional knowledge and customs so that, together, we can protect our environment and cultural heritage through law.
Rocky Hill Court Decision
9 February 2019

Dear Groundswell Gloucester members and supporters
Thank you all so much for what you have done to achieve this result. Our barrister Robert White said that the grounds for refusal that were raised by the residents were a strong part of the decision - all the hard work and your efforts were critical to the final decision and your input was incredibly valuable. Thank you.
It has been a massive day, National news coverage, twitter storm and Facebook frenzy. Let’s keep up the pressure so we can take climate change right up into the hallowed halls of Parliament.
Warm regards
Julie
Chair - Groundswell Gloucester

***

NSW Environmental Defenders Office (EDO NSW)
MEDIA RELEASE 8 February 2019

Landmark legal win for climate and community

Chief Justice of the Land and Environment Court Brian Preston SC handed down his judgment today in a landmark case, refusing approval of a new coal mine to be built just outside of the town of Gloucester in the NSW Upper Hunter Valley. This is the first time an Australian court has refused consent for a coal mine on the basis of its climate change impacts. The Court also poses a foundational question for all future fossil fuel projects: “the wrong time” test.

The Court accepted our scientific evidence and the concept of a global carbon budget. NSW Environmental Defenders Office CEO David Morris stated “In the face of that acceptance, the judgment presents a foundational question for all decision makers. It is this: given that, if we are to remain within the global carbon budget, only a finite amount of additional carbon can be burned, and that existing approvals already exhaust that budget, why should this particular project be prioritised over any other, or displace an existing approval? That is ‘the wrong time’ test and will prove an insurmountable barrier for many projects going forward”.

Representing community group Groundswell Gloucester, EDO NSW argued the mine was contrary to the public interest and principles of ecologically sustainable development because of its significant social and climate change impacts.

The Court accepted those arguments in deciding to refuse approval for the mine, finding that carbon emissions from the mine will contribute to global warming, such that approving it will not assist in achieving the rapid and deep reductions in emissions needed in order to meet Australia’s Paris targets.
Significantly, the Court held that it was not important that emissions from the mine would be a fraction of global total emissions, noting that the global problem of climate change needs to be addressed by multiple local actions to mitigate emissions. The Court also found that the mine’s economic benefits had been substantially overstated.

The Court found that the Rocky Hill coal project will cause a variety of serious negative social impacts to the Gloucester community, including visual, noise and dust impacts, and significant impacts to Aboriginal Cultural Heritage, stating that the mine will severely impact on people’s sense of place.

In summing up his judgment, Chief Justice Preston SC said: “In short, an open cut coal mine in this part of the Gloucester valley would be in the wrong place at the wrong time. Wrong place because an open cut coal mine in this scenic and cultural landscape, proximate to many people’s homes and farms, will cause significant planning, amenity, visual and social impacts. Wrong time because the greenhouse gas emissions (GHG) of the coal mine and its product will increase global total concentrations of GHGs at a time when what is now urgently needed, in order to meet generally agreed climate targets, is a rapid and deep decrease in GHG emissions. These dire consequences should be avoided. The Project should be refused.”

David Morris concluded, “This is a seminal moment in the development of climate litigation in Australia – and will weigh heavily on the minds of decision-makers considering whether to approve new fossil fuels projects.”

This landmark case puts Australia well and truly on the map in terms of international climate change litigation. The NSW Environmental Defenders Office (EDO NSW) is at the forefront of public environmental interest lawyers using the law to protect our climate and environment for current and future generations.

BACKGROUND
This was a once in a generation case: the first hearing of its kind since the historic Paris Agreement, in which a superior jurisdiction Australian court heard expert testimony about climate change, the carbon budget and the impacts of burning fossil fuels.

Acting for local community group, Groundswell Gloucester, the Environmental Defenders Office, with counsel Robert White, heard from expert witnesses on visual and noise impacts, climate science and energy finance, the economics of coal, town planning and the social impacts of a mine on the town’s doorstep.

This included detailed evidence from Emeritus Professor Will Steffen on the global carbon budget, which must not be exceeded if temperature rise is to be kept at less than 2C on preIndustrial levels. Steffen said that in order for Australia to meet its obligations under the Paris Agreement, the coal reserve at Rocky Hill cannot be developed: “Step number 1, if you're really serious about the Paris targets, is no new fossil fuel developments… You cannot reduce emissions by increasing them.”

The court also heard from energy analyst Tim Buckley on the risk that the coal mine would become a stranded asset, given market trends away from coal; acoustics expert Stephen Gauld on the noise nuisance from the mine; and anthropologist and expert on regional communities and displacement Dr Hedda Askland on the social impacts should the mine go ahead.

David Morris, CEO of EDO NSW: Our argument was based on science, economics and – we argued - the proper application of the law. The climate contention as a ground for refusing this mine was innovative; the first time climate change has been addressed this way in an Australian court using the concept of a carbon budget as its basis.

Like so many great ideas – its strength was its simplicity. While there was lots of necessary evidence and discussion about the carbon budget, geopolitical climate policy and Australia’s legal framework for climate change, ultimately our argument was simple: if you accept the science, then the local legal framework compels you to refuse the mine because it’s clearly not in the public interest to increase emissions.

As Professor Steffen said “it’s one atmosphere, it’s one climate system, it’s one planet - and so we need to start thinking more carefully about the net effect of wherever coal is burnt, or oil or gas… The project’s contribution to cumulative climate change impacts means that its approval would be inequitable for current and future generations”.

60 community objectors, including farmers, doctors, Traditional Owners, old people and young people, gave evidence. Some were opposed because of noise impacts, others worried about how the mine might tear at the fabric of their community. Many were very concerned about their children and grandchildren and the kind of world they will live in if projects like this, which contribute to climate change, continue to be approved.
EDO NSW case page: www.edonsw.org.au/groundswell

Contact:
David Morris, CEO-Solicitor EDO NSW | +61 2 9262 6989 | +61 402 778 997 david.morris@edonsw.org.au


STATEMENT FROM GROUNDSWELL GLOUCESTER
Julie Lyford, Chair “The Gloucester community is deeply grateful to EDO NSW staff and Barrister Robert White for their unstinting support of the Gloucester residents and assisting in the protection of our beautiful valley.

We are ecstatic that the court has ruled against the proposal for an open cut mine, 250m deep and less than 1km from family homes.
Climate change is the major threat to our regions, water, health and to the planet.
There should be no new or expanded coal mines and the State and Federal Governments need to transition to renewables as fast as they can.

Finally, Groundswell Gloucester would like to see a Royal Commission into the coal and gas industries in NSW, including the relevant state government departments that many communities see as giving scant if any regard to the massive and detrimental impacts of coal and gas developments on communities and their environments across the state.

The Rocky Hill licenses need to be removed so we can have certainty as a community and rebuild, prioritize a solar farm initiative and continue to grow Gloucester as the beautiful and clean, green region that we all love.“

Contact: Julie Lyford, Groundswell Gloucester | +61 424 269 784
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Power of Country Tour: Launch - Sydney Town Hall
Speech by Julie Lyford, Chair of Groundswell Gloucester
5 September 2019 - CLICK HERE
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Thankyou for all your wonderful messages of support and congratulations. We are currently working to have the GRL licenses removed.
Stay updated through our Membership and Newsletter list (see below)

For media  please contact Julie Lyford Chair Groundswell Gloucester on 0424269784

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