Coal power proponent pulls out of legal battle

Climate Action Network Australia and NSW Environmental Defenders’ Office

Sydney, Wednesday 8 September: In a significant setback to the coal power industry, the Redbank 2 legal challenge has been withdrawn. The decision by National Power, the proponent of the coal-tailings power station proposal, has effectively abandoned the project after 18 months of wrangling with environment groups and the NSW government. The legal campaign against Redbank 2 was led by Climate Action Network Australia (CANA), with support from WWF Australia, Australian Conservation Foundation (ACF) and Greenpeace Australia Pacific. The NSW Environmental Defenders’ Office (EDO) provided legal advice and representation.

“This really shows how far the ground has shifted in terms of climate change in just a decade” said Philip Freeman, Legal Coordinator at CANA:

“In 1994, the Redbank 1 proposal was allowed to proceed because climate change was poorly understood and considered not to be of decisive importance. 10 years later, the reality of climate change is clear and accepted. High greenhouse pollution was the key reason that this proposal failed”.

The Redbank 2 proposal would have emitted greenhouse gases at higher rates that even the oldest and dirtiest coal power stations in NSW. In October 2003, it was rejected by the NSW Government in a landmark decision, primarily because of its high greenhouse gas emissions. National Power lodged an appeal against that decision in the Land & Environment Court in early 2004. CANA exercised its right to join the appeal as a third party, demonstrating its commitment to opposing new coal power proposals. With a difficult November court hearing drawing near, National Power has decided to cut its losses and abandon the appeal.

“The failure of the Redbank 2 proposal sends a strong message to the Australian energy sector and investors. Coal power projects are already under pressure due to their high emissions. Once emissions trading kicks in, and coal has to bear the true cost of its emissions, new projects will simply become unfeasible” said Julieanne Richards, who heads CANA.

Coal power is already Australia’s single largest greenhouse polluter, responsible for over 44% of national emissions. At a time when Australia should be moving towards the vital target of reducing emissions by 60% by 2050, the sector has increased its pollution by 40.8% between 1990 to 2002 (AGO, 2004).

“While this is great news for the climate, what’s urgently needed to tackle this problem is a political commitment to reduce greenhouse pollution by 60% by 2050 because without it Australia won’t be protected from climate change,” said Greenpeace climate campaigner Gareth Walton. “The current federal election is an ideal opportunity for the major parties to commit to this target.”