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Gloucester Resources Limited vs. Minister for Planning
Asia and the Pacific
Type of document:
National - higher court
Date of text:
February 08, 2019
Data source:
Court name:
Land and Environment Court, New South Wales
Preston CJ
Reference number:
2019 NSWLEC 7 (Principal Judgement)
ECOLEX subject(s):


Do the benefits outweigh the impacts: Balancing benefits and costs is a qualitative rather than quantitative exercise.  Even where the net quantified benefit is positive, countervailing factors need to be considered, including (1) uncertainty as to the magnitude of economic benefits; (2) unquantified impacts; and (3) issues of distributive equity, including intra-generational equity.  The proposed mine would be in the wrong place at the wrong time. Wrong place because it will cause significant planning, amenity, visual, and social impacts. Wrong time because the GHG emissions of the coal mine and its coal product will increase global total concentrations of GHGs at a time when what is now urgently needed, in order to meet generally agreed climate targets, is a rapid and deep decrease in GHG emissions.