Australia

KEPCO Bylong Australia v. Independent Planning Commission and Bylong Valley Protection Alliance

Jurisdiction: Land and Environment Court (NSW)


Side A: KEPCO Australia (Corporation)


Side B: Independent Planning Commission (Government)


Side B: Bylong Valley Protection Alliance (Ngo)


Core objectives:

Whether a planning commission's rejection of a coal mine on sustainability and climate grounds was unlawful


Summary
On September 18, 2019, the Independent Planning Commission of New South Wales rejected KEPCO Bylong Australia's application to build the Bylong Valley coal mine on several grounds, including its contribution to climate change. KEPCO, a major Korean utility company, appealed the decision in the New South Wales Land and Environment Court on December 16, 2019. After the Commission declined to participate in the proceedings, the Bylong Valley Protection Alliance, a community group, successfully intervened and was joined as a second respondent. 

On December 18, 2020, the Court rejected KEPCO's appeal, upholding the Independent Planning Commission's findings that the mine was contrary to the principles of ecologically sustainable development and would have problematic climate impacts.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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