Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc v MACH Energy Australia Pty Ltd

The appeal concerned a challenge brought by Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc against MACH Energy Australia Pty Ltd regarding the validity of a development consent granted by the Independent Planning Commission (IPC). The dispute centred on whether the IPC had adequately considered mandatory requirements under the *Environmental Planning and Assessment Act 1979* (NSW) and the *State Environmental Planning Policy (Resources and Energy) 2021* (NSW) in its determination of the development application. The proceedings were heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the IPC had failed to consider two mandatory considerations under section 4.15 of the *Environmental Planning and Assessment Act 1979* and clause 2.20 of the *State Environmental Planning Policy (Resources and Energy) 2021*. Specifically, the court had to determine if the IPC failed to consider whether to impose conditions to minimise Scope 3 greenhouse gas emissions resulting from the development, and if it failed to consider the likely impact on the locality of those Scope 3 greenhouse gas emissions.

The Court of Appeal reasoned that the IPC had indeed failed to consider these mandatory matters. The court found that the development consent was invalid due to this failure. Consequently, the Court of Appeal set aside the primary judge's order dismissing the judicial review proceedings and declared the development consent invalid. The matter was remitted to the Land and Environment Court for consideration of whether orders could be made to validate the consent. The court also ordered MACH Energy Australia Pty Ltd to pay the appellant's costs of the appeal, with the costs of the first instance proceedings to be determined upon remittal.