Overview
- The High Court dismissed MACH Energy’s appeal in a 3–2 decision on Wednesday, October 7, finding the NSW Independent Planning Commission failed to consider imposing conditions to minimise downstream or Scope 3 greenhouse gas emissions.
- Justice James Edelman and other members of the majority noted Scope 3 emissions accounted for about 98% of the project’s total emissions, while the commission had focused only on on‑site emissions that made up roughly 2%.
- The legal challenge was brought by the Denman Aberdeen Muswellbrook Scone Healthy Environment Group, led by Wendy Wales and Tony Lonergan, and the case is being sent back to the NSW Land and Environment Court which can suspend operations or set conditions.
- MACH Energy said it accepts the ruling and will review options to protect operations, federal and NSW ministers said the effect may be limited to state law, and opposition and industry voices urged quick legislative changes to prevent consideration of overseas emissions.
- Lawyers and analysts say the judgment creates a pathway for more challenges to large coal and gas approvals (including HVO), raises costs for developers who may be required to propose expensive offsets or other limits, and creates short‑term regulatory and investment uncertainty while the legal and political response unfolds.