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It comes two years after fires devastated a large swathe of Australia’s most populous states. In recent weeks, record-breaking floods down the country’s eastern coast prompted a national emergency declaration as homes and businesses were swamped after a period of heavy rain. In October, days before the COP26 climate talks in Glasgow, Prime Minister Scott Morrison finally announced the country would join the other developed nations by aiming to reach net-zero emissions by 2050. The Australian government is considered a laggard on climate action. In the ruling delivered by Allsop, Beach found the environment minister shouldn’t be held responsible, partly because there wasn’t “sufficient closeness and directness between the minister’s exercise of statutory power and the likely risk of harm to the respondents and the class that they represent.” Wheelahan said providing duty of a care “did not fit” with the minister’s role under the Environment Protection and Biodiversity Conservation Act.
The appeal was heard by Allsop, Justice Jonathan Beach and Justice Michael Wheelahan. The majority of the coal mined will be metallurgical coal for steel-making, along with thermal coal for export markets, according to the Whitehaven website. See an open-cut coal mine developed in northwestern New South Wales.