19 Sep 2013

Court rejects latest appeal against Denniston mine

8:17 pm on 19 September 2013

An appeal that argued that climate change be considered as part of a decision on whether to allow mining on the Denniston Plateau has been thrown out by the Supreme Court.

Forest & Bird and the West Coast Environment Network have lodged a series of appeals in the Environment Court to stop Bathurst Resources from being allowed to mine on the Denniston Plateau.

This latest challenge asked the Supreme Court to consider whether the effect of burning coal from the mine could be taken into account by councils assessing the resource consent application.

However the court said climate change and its effects could not be considered by local councils.

Forest & Bird says the decision reflects a failing of the Act that must be corrected by a law change.

Advocacy manager Kevin Hackwell says if the climate impacts of such a huge coal mine haven't been considered by this stage, it now appears they never will be.

Green Party climate change spokesperson, Dr Kennedy Graham, says the law needs to change.