Anvil Hill decision exposes flaw in Commonwealth environment law

20 September 2007 - The Environmental Defender's Office (EDO) has reacted to today's Federal Court judgment in Anvil Hill Project Watch Association Inc v Minister for the Environment and Water Resources by pointing to the need for reform of Commonwealth environmental laws.

Justice Stone of the Federal Court today found that the emission of over 12 million tonnes of carbon dioxide per annum over the 21 year life of the mine was insufficient to trigger federal assessment under the Environment Protection and Biodiversity Conservation (EPBC) Act.

The Anvil Hill Project Watch Association Inc, represented by the EDO and barristers Lucy McCallum SC and Chris McGrath, argued that by contributing significantly to climate change the Anvil Hill mine will have a significant impact upon areas protected under the EPBC Act including the Great Barrier Reef and Blue Mountains World Heritage Areas.

EDO Director Mr Jeff Smith today said:

“The need for a greenhouse trigger in the Environment Protection and Biodiversity Conservation Act has been put in stark relief by this decision.

“If a project with the climate impact of the Anvil Hill mine is not big enough to require federal assessment for its climate change impacts, then it seems unlikely that any coal mine or other project will be either.

“If Commonwealth environmental laws are to keep up with the modern reality of climate change then reform of the Act is urgently needed to require high impact projects to be fully assessed.”

For more information contact: Mr Jeff Smith 0428 262 010