Court Overrules Minister : Climate Change Must be Considered

NSW Greens MP and Planning spokesperson Sylvia Hale has welcomed a decision of the Land and Environment Court to overturn Ministerial approval of a resort development at Sandon Point near Wollongong.

The Court found that Planning Minister Frank Sartor and the Director-General of Planning failed to give consideration to the possible effects of climate change on changing sea levels and flood risks for the coastal development.

In the decision in Walker v Minister for Planning Justice Biscoe found that:
“the Minister was under an implied obligation to consider whether it (climate change) was relevant and, if so, to take it into consideration when deciding whether to approve the concept plan. The Minister did not discharge that function.”

In response to the decision Ms Hale said:
“The Court has clearly identified the Minister’s failure to take climate change seriously when assessing developments like Sandon Point. The fact that the Minister and the Director-General failed to give any consideration to climate change is inexcusable and I am pleased that the Court has overturned the Minister’s decision.”

“This is an important lesson for both the state and federal Labor governments. Climate change cannot be ignored and paying it lip service while continuing with business as usual is no longer an option.”

“The Court refers to the recent report of the Intergovernmental Panel on Climate Change (IPCC) to identify the potential consequences for Australia of ignoring climate change. This decision reinforces the point that governments must take climate change into account when it considers any new development,” said Ms Hale.

“This decision has significant implications for the government’s continued approval of new coal mines which add to the greenhouse gasses that are causing climate change and threatening our coastal communities. The government must urgently re-think its approach to development in light of the growing evidence that dangerous climate change is fast approaching and urgent action is required.”

“I would particularly like to congratulate Jill Walker, the Environmental Defenders Office and all of those in the community who have campaigned against the Sandon Point development,” concluded Ms Hale.

Further information: Chris Holley (02) 9230 3030 / 0437 779 546