The Maules Creek Community Council (MCCC) is considering its options after a court today found the state’s environmental watchdog was not legally required to set limits on dangerous dust and greenhouse gas emissions from the Maules Creek coal mine. [1]

The community group launched legal action last year challenging the actions of the Environment Protection Authority (EPA) when it reviewed Maules Creek Coal Mine’s Environmental Protection Licence (EPL) in 2023.

MCCC, represented by the Environmental Defenders Office, argued the EPA had failed its duty when in 2023 it reviewed Maules Creek’s EPL without setting limits on dangerous fine dust (PM2.5s) and methane, a very powerful greenhouse gas.

Justice Preston, Chief Justice of the NSW Land Environment Court, today dismissed MCCC’s application.

MCCC spokesperson Ros Druce said: “Today’s decision is disappointing for our community, for our health and for the climate.  We all deserve to have clean, fresh air. 

“The EPA should be putting the people and the environment first. After all, it is the Environment Protection Authority.  

“It is disappointing the PM2.5 emissions were brushed over and not really considered. That’s the big issue for us and for anybody that is near projects that cause a lot of these emissions, especially fossil fuel projects.  

“I urge community groups to continue to hold government agencies and proponents of state significant developments of the fossil fuel projects to account so all aspects of our environment are protected for future generations. 

“This decision leaves us where we were before. It’s disappointing, but we will keep chipping away. We don’t let go – we’re like a dog with a bone — we’ll just keep doing what we can do.  

“The Maules Creek Community Council would like to thank the EDO for their tireless support to bring this important case to light through the judicial system.” 

EDO Senior Solicitor Anita O’Hart said: “This was a very disappointing decision for our client because they’re going to have to keep living with an intolerable level of pollution.

“Importantly, neither EPA nor Maules Creek coal mine contested the fact that fine dust and methane were harmful pollutants. 

“The fact that our clients will continue to live with these impacts highlights shortcomings in the way pollution is being regulated. 

“While the government has policies regarding dust and methane, these are very high level and do not protect people like our clients and others who live close to these facilities. 

“We will examine today’s decision closely and consult our client to seek her instructions on next steps.” 

REFERENCES

[1] Maules Creek Community Council Incorporated v Environment Protection Authority [2024] NSWLEC 71

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