High Court ruling puts fossil fuel giants on notice: Greens
October 7 2026
The Australian Greens say today’s High Court ruling is a landmark step that strips bare the government's excuses that they are not responsible for the emissions burned overseas. The High Court is making clear that the 80 per cent of our coal and gas that is exported overseas is their responsibility.
In its first-ever climate judgment, the High Court has dismissed an appeal by MACH Energy over the proposed expansion of the Mount Pleasant coal mine in the Hunter Valley, finding that planning authorities must consider the global climate impacts of a project's emissions and how to minimise damage.
The ruling puts fossil fuel companies and governments on notice as Australia continues to approve new coal and gas projects amidst Pacific pre-COP and ahead of COP31 where it is leading climate negotiations. Governments and fossil fuel companies are accountable for the climate damage caused by their projects.
Senator Steph Hodgins-May, Deputy Leader and assistant spokesperson for Climate Change & Energy said:
“In true form, the Prime Minister said he wanted the coal corporation to win this case1, but today, despite his fealty, the local Hunter community has won.
“Congratulations to the two retired science teachers who spent four years challenging this massive fossil fuel company owned by a billionaire in a Virgin Island tax haven.
“The High Court backed the community in calling out the Labor government for continuing to ignore the climate consequences of fossil fuel projects. This ruling now makes that impossible.
“For too long, big coal and gas companies have tried to pretend that the emissions from their products are someone else’s problem once they leave Australian shores. They’re not.
“When Australian coal is burned overseas, the climate damage doesn’t magically disappear at the port. It comes back to communities here through worsening heat, drought, bushfires and floods.
“This judgment sends a clear message to governments and fossil fuel companies that the climate impacts of their projects cannot simply be ignored or pushed down the line.
“With the HVO expansion and Browse proposal currently on their desk, the Albanese Government should be paying close attention. The ICJ and now the High Court have made it clear - climate impacts must be considered in fossil fuel project assessments.
“The case shows that Australia’s national environmental laws are broken. Without a climate trigger, communities have to spend years in court to get climate impacts properly considered when the responsibility on government should be clear from the outset.
“You cannot claim to be serious about climate action, to lead climate negotiations at COP, all while continuing to approve new fossil fuel projects and pretending their emissions are someone else’s problem.
“The Greens will keep pushing to make the big fossil fuel corporations profiting from these projects accountable for the damage they are causing, and force Labor to take responsibility for the climate consequences of the projects it approves.”
NSW Government re-commits to expanding climate wrecking gas projects: NSW Greens
October 7, 2026
The NSW Greens have stated the Minns Labor Government has released a new NSW Gas Statement that continues to back new gas extraction, including the Narrabri Gas Project and exploration in western NSW, despite its own Net Zero Commission warning that NSW is off track on its climate targets and that the state must rapidly accelerate renewable energy, electrification and emissions reductions.
Greens MP and spokesperson for justice and solicitor Sue Higginson said “While the Minns Labor Government doubles down on gas as part of our energy plan, unchecked climate change will make the NSW economy $1.5 trillion smaller over the next 50 years. This compares to just $3 billion in direct public benefit from the Narrabri Pilliga Gas project,”
“Communities are already paying the cost of more extreme disasters, higher food costs, lost income and damaged homes and infrastructure. There is no economic case for fuelling more of the problem,”
“Narrabri won’t solve an immediate gas shortage, and Santos has already deprioritised the project. The new western exploration areas are unproven resources that would require years of exploration and development before they could possibly produce gas. The Government itself admits those resources still need to be tested,”
“Every dollar of investment, every public servant and every piece of political capital spent facilitating new gas extraction is capacity that should instead be directed towards getting NSW off fossil fuels faster - electrifying homes and industry, building renewable generation and storage, and removing the remaining barriers to a genuinely renewable economy,”
“Gas is not a transition fuel, it’s just another fossil fuel. New extraction locks in emissions and infrastructure for decades at precisely the point when NSW needs to be accelerating away from fossil fuels,”
“There should be no new coal or gas projects in NSW. The Government should be planning for the orderly decline of existing fossil fuel production and directing investment towards the renewable energy system that must replace it,” Ms Higginson said.
The government stated: ''The NSW Gas Statement provides an overview of the state's gas outlook and the actions being taken to support energy security, economic growth and the orderly transition to a net zero economy.''
''NSW’s energy system is changing rapidly, as ageing coal-fired power stations are replaced by renewable energy, firmed by a significant amount of storage and backed up by gas-fired power stations.
Forecasts from the Australian Energy Market Operator indicate potential gas supply shortfalls on Australia's east coast in the years ahead, highlighting the importance of careful planning to ensure energy security throughout the transition.''
''NSW relies on gas from other states. Securing diverse gas supply for NSW will support industry to access reliable, affordable energy sources and help NSW remain a competitive and attractive investment destination.
''NSW gas production, alongside investment in import terminals, gas pipeline and storage, renewable fuels, electrification and energy efficiency, will safeguard NSW against supply disruptions.
Earlier this year, the Minns Labor Government announced it would open new areas in the state’s Far West for gas exploration. This complements the existing Narrabri Gas Project to help secure a reliable domestic supply for the East Coast. Under the NSW Gas Statement, no new areas will be released for gas exploration.''
''The NSW Government is committed to maintaining a secure and affordable gas supply wherever it is needed, recognising that different sectors and communities will move through the energy transition at different speeds.
''We will also support the uptake of lower-cost and lower-emissions alternatives where they make sense for consumers and businesses, helping reduce energy costs while delivering emissions reductions.''
The NSW Gas Statement is available online.
The document states Key NSW Government actions are:
Securing and diversifying gas supply
- Supporting approvals for projects that can secure and diversify NSW’s gas supply or address infrastructure constraints, such as the Narrabri Gas Project and its connecting pipelines and the Port Kembla Energy Terminal.
- Releasing targeted areas for gas exploration in the Far West and retaining existing petroleum exploration licences in the north-west to support future local supply options.
- Working with the Commonwealth, states and territories on the proposed Domestic Gas Reservation Scheme and related policy settings to ensure gas is available when and where it is needed.
- Ensuring gas produced in NSW supports Australian gas consumers.
- Implementing the NSW Renewable Fuel Strategy to support the production of biomethane and other low-carbon fuels.
Overcoming infrastructure constraints
- Supporting approvals for projects that can expand NSW’s gas transport and storage capacity, such as the East Coast Gas Grid Expansion, or that futureproof infrastructure capacity needed for injecting renewable fuels such as biomethane into the gas network.
- Providing financial support for the operation of the Newcastle Gas Storage Facility, to ensure gas supply for NSW residents and consumers during peak demand periods.
- Directing tenders under the Electricity Infrastructure Roadmap to support investment in firming capacity, including gas-powered generation.
- Implementing the findings of the NSW Gas Infrastructure Review to improve network resilience and reliability and address storage gaps.
Reducing gas demand
- Extending the Energy Savings and Peak Demand Reduction Schemes to 2050 to support efficient electric upgrades in homes and businesses.
- Introducing the Home Energy Saver program and supporting the Social Housing Energy Performance Initiative, to help NSW consumers reduce their energy bills through electrification and improve energy efficiency.
- Developing the new net zero plan to establish the NSW Government’s approach for reducing emissions.
- Delivering the Low Emissions Industry and Business Decarbonisation Programs, to support emissions reductions.
Minister for Energy Penny Sharpe said:
“The NSW Government remains focused on ensuring households, businesses and industry have access to the energy they need, while building a cleaner, more resilient energy system.
“Supporting electrification and preserving gas for critical uses gives greater certainty to industry, helps households lower their energy bills, and reduces emissions.”
Minister for Natural Resources Courtney Houssos said:
“The Minns Labor Government is taking practical and necessary steps to strengthen the state’s gas supply to power our manufacturing sector and back-up the energy grid.
“Releasing these new areas for exploration, to complement the Narrabri Gas Project, supports a domestic gas supply and provides confidence to households and businesses.
“We are supporting workers and businesses in the manufacturing sector that depend on reliable energy for their industrial processes. Gas will continue to play an important role as our state’s energy mix changes.
“We are also working closely with the Commonwealth to get the policy settings right to drive investment in and secure the gas supply NSW needs.”
However, the Lock the Gate Alliance and local farmers said the NSW government’s released NSW Gas Statement failed to listen to community concerns about proposed gas projects, which will prolong uncertainty and pain for North West communities.
The statement reasserts the NSW government’s support for the Narrabri Gas Project, which has faced fierce community opposition for more than a decade due to the damage it would cause to NSW’s most productive agricultural land and the sacred Pilliga Forest. The statement also backs maintaining production exploration licenses on the Liverpool Plains and restates support for exploration in the Bancannia and Pondie Range Troughs, following the government’s backflip announced in April.
After finding out that the NSW government planned to run a limited consultation process to develop this policy, Lock the Gate Alliance alerted affected stakeholders in June about the need to make submissions. This resulted in numerous additional submissions from organisations and individuals that weren’t initially invited to have their say by the NSW government. Concerns for landholders were recognised in the summary of consultation and then ignored in the final policy statement.
Liverpool Plains farmer Margaret Fleck said: “This process has made clear that the NSW government is prioritising the interests of the gas industry above communities who will pay the direct price of dangerous gas drilling in the North West of NSW.
"The NSW government’s stubborn commitment to the Narrabri Gas Project, even in the face of major questions around the quantity and quality of gas from the project, just prolongs pain and anguish for communities in the North West. Even Santos is telling its shareholders that it won’t exert any effort on this stranded, controversial project.
"Proposed gas projects across regional NSW would affect thousands of farmers and Traditional Owner groups including Gomeroi and Barkandji, but the NSW government only met with one Aboriginal group and two farming groups.
"Concerns raised by affected landholders were not addressed in the policy. For example, there is a major risk that landholders hosting coal seam gas infrastructure will not be able to secure public liability and home insurance. This is an enormous risk to farmers, and the NSW government has ignored it.”
Lock the Gate Alliance Clean Industry Coordinator Harriet Kater said: "Unions and community organisations have been calling on the NSW Government to develop a comprehensive gas demand reduction strategy in recognition of the numerous benefits associated with getting off gas, including improved energy security, lower bills for households and businesses, secure jobs and reduced greenhouse gas emissions.
"Lower gas demand means less gas drilling, helping to protect the Pilliga and North West communities fighting against the land, water and climate impacts from onshore gas expansion.
"There is plenty of room for improvement in the NSW Government’s household and industrial electrification efforts and all eyes will be on the long awaited Gas Decarbonisation Roadmap due for publication later this year. Modelling commissioned by Lock the Gate found that a 52% gas reduction target by 2035 is achievable for NSW with the right policy settings."
High Court upholds IPC Refusal of Mount Pleasant Coal Mine
On the same day, October 7, the High Court upheld the refusal of the NSW Independent Planning Commission’s Mount Pleasant Coal approval on the grounds that the scope 3 or downstream emissions, the burning of the coal wherever that is, were not properly assessed, despite making up 98% of the development’s projected impacts.
The IPC’s recent HVO coal approval is also made up of 98% scope 3 emissions and is likely to run into significant legal difficulty following this decision.
Greens MP, spokesperson for Climate Change and Planning and public interest environmental lawyer, Sue Higginson said,
“The High Court have exposed the New South Wales coal approval process for the sham it is, and declared that new coal cannot be approved when 98% of the climate pollution are ignored,
“The High Court have sided with the climate science and declared that the NSW Independent Planning Commission was wrong to ignore downstream emissions when approving a massive new coal project,
“What an incredible moment in time, that two retired school teachers who have lived and breathed big coal in the Hunter Valley for years and years, Wendy Wales and Tony Lonergan have won the day. They are climate heroes and thanks to their incredible advocacy the Hunter Community will be spared from the horrific impacts of this proposal,
“Exactly the same as Mount Pleasant, 98% of the emissions from the recently approved Hunter Valley Operations (HVO) coal development are scope 3 emissions. HVO’s Environmental Impact Statement didn’t even account for scope 3 emissions at all, and the High Court has been crystal clear that consent authorities must ensure emissions are minimised to the greatest extent practicable. It seems clear that the approval of HVO fails this test,
“Lawyers should be running to the Courts right now with this judgement in hand, ready to stop coal approvals in their tracks,
“The Minns Labor Government has been confronted once again with the legal and scientific reality that new coal is not consistent with our climate targets and laws. Labor Premier Chris Minns should stand up to his ‘good friend’ Stephen Galilee and rule out any new coal approvals in NSW,” Ms Higginson said.
Largest coal mine ever in NSW Approved
Prior to this, on Wednesday September 30 it was announced the largest coal expansion project ever proposed in NSW, the HVO North and South Open Cut Coal Continuation Projects, had been given the green light by the IPC under the Minns Government, despite clear advice from the Net Zero Commission that continued coal mine extensions and expansions are inconsistent with legislated emissions reduction targets.
The coal mine will generate around 809 million tonnes of greenhouse pollution, including 15.1 million tonnes of direct emissions in NSW and will continue extracting coal through till 2045.
According to the new Carbon Impacts Tracer, emissions on this scale are estimated to contribute 0.00036°C of global heating, expose almost 500,000 people to unprecedented heat, cause the loss of nearly 15 million Great Barrier Reef coral colonies during each bleaching event, and reduce annual crop production by an amount equivalent to the minimum dietary requirements of 276,129 people.
Greens MP, Solicitor and Spokesperson for Climate Change and Planning Sue Higginson said, “This giant mine is the largest coal expansion project in NSW, with 15.1 million tonnes of direct emissions in NSW and more than 809 million tonnes of climate pollution overall,”
“The Net Zero Commission has told the Government plainly that continued coal mine extensions and expansions are inconsistent with our legislated climate targets. The Commission has also warned that approving more coal makes those targets harder to achieve,”
“The latest climate attribution science tells us what 809 million tonnes of pollution means in the real world. Almost half a million people exposed to unprecedented heat, millions of coral colonies lost during bleaching events and substantial losses in food production,”
“I can’t believe the IPC didn’t even follow through with shortening the life of the mine life to avoid some of the greenhouse emissions, it’s an absolute betrayal of the science, the evidence and the voices of our communities who are already suffering the impact of climate change,”
“The decision acknowledges that this project will contribute to climate change, that NSW is already off track for its 2030 and 2035 emissions targets, and that coal mining emissions are increasing when emissions across the economy need to fall,”
“There is an enormous question mark over the legality of this decision. It flies in the face of our legal and policy frameworks. I wouldn’t be surprised if the decision is challenged in the courts. While these sorts of legal challenges are very difficult and have a David and Goliath aspect to them, people feel compelled to bring them, because these decisions are a matter of life and death,”
“This is a failure of Labor, they can not keep approving enormous coal expansions and pretend it is taking the climate crisis seriously. The science, the State’s own climate laws and its independent Net Zero Commission are all pointing in the other direction.” Ms Higginson said.
The Lock the Gate Alliance condemned the Independent Planning Commission’s (IPC) decision to approve a 19-year extension to the Hunter Valley Operations (HVO) coal mine, saying it exposes the failure of NSW’s planning system to prioritise community wellbeing over mining lobby interests.
''HVO’s extension will worsen already poor local air quality, disrupt water resources, and generate more than 800 million tonnes of climate pollution, which will worsen climate-related disasters and cost-of-living pressures across NSW.'' Lock the Gate stated
Community members and organisations made more than 4000 submissions opposing the extension. During public hearings, former Chief Scientist of Australia Dr Penny Sackett gave evidence that this single project would have “significant” consequences for global warming and the pollution it created would effectively undo greenhouse emissions reductions efforts of NSW and Australia.
Lock the Gate Alliance National Coordinator Georgina Woods said: “We are shaken and shocked by this decision, which will go down in history as an infamous betrayal of the public trust. Climate change is already increasing floods and fires in the Hunter, and driving up the cost of living for everyday Australians. It is a deadly threat and the NSW planning system is making it worse.
“Every person in New South Wales is in harm's way from rising global temperatures. The pollution from this coal mine will fuel further global warming and households, businesses and local councils around the state will be the ones paying the price.
“Dozens of people from the Hunter and other regions stoically fronted public hearings to share heart-rending personal stories of how climate change is already affecting their lives, including rural firefighters, wildlife carers, and households grappling with rising damage costs.
“There is no other way to describe this situation than as a catastrophic failure of the NSW planning system to protect people, from the cities and the bush, from worsening global warming.”
Last year, a landmark NSW Net Zero Commission report warned that the expansion of coal mining was not consistent with NSW’s commitment to prevent dangerous levels of global warming.
Two more large coal mine expansions are expected to be determined by the Independent Planning Commission before the state election next year, and several more smaller expansions are likely to be determined by the Department of Planning in the same timeframe. There are more than a dozen more coal mine expansion projects in NSW’s planning pipeline.
The Decision Summary from the IPC states:
The NSW Independent Commission has determined to approve the HVO North and South Open Cut Coal Continuation Projects SSD-11826681 and SSD-11826621 (the Applications).
The Applications, made by Hunter Valley Operations Pty Ltd, sought approval for the continuation of open-cut mining at the HVO complex until the end of 2045 for HVO North and the end of 2042 for HVO South. The Project includes 24/7 operations, extensions of existing mining areas and the mining of deeper coal seams.
The Commission held a three-day public hearing and received more than 10,000 written submissions on the Applications. Issues of focus in submissions included the greenhouse gas (GHG) emissions of the Project, the impact on climate change and NSW’s capacity to meet legislated GHG targets, and the treatment of offsets. Submissions also emphasised the economic and social benefits of employment at the mine (up to 1,407 jobs), the flow on benefits to local businesses and communities and the negative impacts that would result from abrupt mine closure.
The Commission also considered evidence in relation to other impacts of the Project, including on water, dust, noise, biodiversity, Aboriginal cultural heritage and the thoroughbred industry.
In reaching its determination the Commission paid careful attention to the changes that have been made in recent times to the legislative and policy frameworks relating to greenhouse gas emissions and coal mining, and to advice provided by the Department of Planning, Housing and Infrastructure clarifying the operation of these policies as they relate to the imposition and regulation of conditions.
The Commission considered whether an approval period shorter than that proposed in the Applications could retain the Project’s economic and social benefits while avoiding a portion of the Project’s GHG emissions. In granting approval for the full period, the Commission accepted evidence from the Applicant concerning the impact of a shorter period on mine planning, capital recovery and operational integration.
GHG emissions from the Project will contribute to climate change, with 98% of these emissions occurring in overseas jurisdictions where the product coal is consumed. The applicable policy and legislative frameworks for reducing those emissions refer to the operation of the Paris Agreement and nationally determined contributions as the mechanism to be used to protect the people, economy and environment of NSW, with the EPA as the regulator of GHG emissions. Accordingly, the Commission has imposed conditions intended to limit coal exports to jurisdictions that have policies for reducing greenhouse gas emissions consistent with the goals of the Paris Agreement.
The Project’s domestic emissions have also been conditioned, including requirements for minimisation and offsets. Even though offsets outside of NSW cannot count towards NSW targets, such offsets – including those under the Safeguard Mechanism – still provide a real environmental benefit that the Commission can and should take into account. The Applicant is also required to take reasonable and feasible measures to maximise the use of renewable energy from four years from the commencement of the development, which consistent with new requirements for data centres. With these conditions, the GHG impacts of the Project are managed effectively within the parameters of the NSW and Commonwealth statutory and policy regimes, and the international Paris Agreement which they both reference.
The Commission has assessed the Project's likely impacts, the measures proposed to avoid, minimise, mitigate, offset or manage them, and the residual impacts that would remain. The Commission finds that the residual impacts of the Project are, on balance, outweighed by its benefits to the Hunter region and NSW, including continued employment, economic activity, support for local business, ongoing royalties and taxation revenue. The continued operation of the HVO complex would provide economic stability for the Hunter region and support a more orderly transition for workers, businesses and communities as the coal industry changes over time.
Background
Lock the Gate states the Hunter Valley Operations Continuation Project is a joint Yancoal and Glencore venture, 24km northwest of Singleton. It was the largest coal project ever proposed in NSW. It will:
- Produce 430 million tonnes of coal over its lifetime.
- Generate 800 million tonnes of climate pollution.
- Dig enormous coal pits right beside the Hunter River, putting the waterway at risk.
- Worsen health-threatening air pollution in Singleton and Muswellbrook, where public air monitors show pollution regularly exceeds legal limits.
- Clear a crucial remnant of vegetation in a heavily cleared landscape, bulldozing three threatened ecosystems.
Given the October 7 High Court judgement the IPC decision may be challenged in court.
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