Administrative law – Judicial review – Where appellant sought development consent for project to extend and expand coal mine – Where Independent Planning Commission of New South Wales ("Commission") granted development consent – Where Scope 3 emissions constituted 98 per cent of project's total greenhouse gas emissions – Where no conditions to minimise Scope 3 emissions imposed – Whether Commission complied with obligation to consider "likely impacts of that development, including environmental impacts ... in the locality" – Whether Commission complied with obligation to consider imposing conditions aimed at ensuring greenhouse gas emissions minimised to greatest extent practicable.
Words and phrases – "climate change", "coal mine", "conditions", "consider", "consideration", "development consent", "duty to give reasons", "environmental impact statement", "environmental planning instrument", "global warming", "greatest extent practicable", "greenhouse gas emissions", "impact", "in the locality", "intended essential meaning", "interpretation of reasons", "judicial review", "jurisdictional error", "jurisdictional fact", "likely impacts", "mandatory relevant consideration", "materiality", "minimised to the greatest extent practicable", "Paris Agreement", "Scope 3 emissions".
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15(1)(a)(i), 4.15(1)(b).
State Environmental Planning Policy (Resources and Energy) 2021 (NSW), cll 2.20(1)(c), 2.20(2).