The Supreme Court of New Zealand has dismissed an appeal that called for climate change to be taken into account in the consenting of the mine.
In a majority decision, Justices John McGrath, William Young and Susan Glazebrook quashed the West Coast Environment Network appeal, concluding that current laws were only intended to include climate change issues in relation to consents involving direct discharges, rather than those for coal mining, where the intention is to extract coal for export.
“We are delighted by the court’s decision and now await the final consent from the Environmental Court so we can commence the development of the Escarpment project,” Bathurst managing director Hamish Bohannan said.
The decision was not as well received by the local environmental group, which has pledged to continue protesting the mine.
"I think there's a lot of people who will do whatever they peacefully can to save the Denniston Plateau," West Coast Environment Network spokesperson Lynley Hargreaves said according to Fairfax NZ.
"I think there is going to be people sitting down in front of bulldozers, probably this summer," she said.
The Green party of New Zealand have said the Supreme Court’s decision highlights the need for laws to change.
"This court decision shows that we need to change the law so that climate change can be taken into account when councils consider consents for fossil fuel mining," Green Party climate change spokesperson Dr Kennedy Graham said.
"The science is conclusive that the burning of fossil fuels contributes to climate change and decisions makers should be required to consider this fact when granting resource consents for new coal mines and petroleum exploration and production," Graham added.
Thursday’s decision was delivered after a Supreme Court hearing in March. Costs were reserved and the appeal was dismissed.
The decision also has implications for the proposed Mt William extension of the Stockton mine, was given resource consent in August last year without hearing climate-change evidence.
Stockton is owned by Solid Energy.
