MACH Energy Australia Pty Ltd v. Denman Aberdeen Muswellbrook Scone Healthy Environment Group & Anor

Lower Court Judgment

24/07/2025 Supreme Court of New South Wales (Court of Appeal) (Ward P; Adamson JA; Price AJA)

[2025] NSWCA 163

Catchwords

Environment and Planning Law – whether Independent Planning Commission was required to consider climate change and environmental impacts of the development in the locality of a mining project – where Land and Environment Court (LEC) dismissed judicial review proceedings under Pt 3 Div 3 of the Environmental Planning and Assessment Act 1979 (NSW) – application of the mandatory considerations under s 4.15 of the Act and cl 2.20 of the State Environmental Planning Policy (Resources and Energy) 2021 (NSW) – whether matter should be remitted to LEC to consider causal connection between mining project and environmental impact in the locality.