Antinuclear

Maryfield Station’s land-clearing permit becomes first in NT to face legal challenge over climate change, ABC News, 8 Dec 18 

Paul Vogel gave evidence this week in a landmark challenge brought against the EPA’s decision to not require an environmental impact assessment of a proposal to clear 20,000 hectares at the Maryfield cattle station south of Darwin.

The case is considered to be the first in the Northern Territory to challenge the approval of land clearing on the basis of climate change impacts.

Lawyers for the Environmental Defenders Office NT argued the authority was wrong in regarding itself unable to consider the impact of the clearing’s emissions because the Northern Territory had no climate policy and because the emissions would not have a nationally significant environmental impact.

The Supreme Court heard that estimates of the likely emissions were not provided to EPA members in the briefing papers prepared for them, despite officers from the Department of Environment and Natural Resources calculating an estimate of 2.3 megatonnes or 18.5 per cent of the NT’s total annual emissions for 2015.

Dr Vogel said while the EPA seeks to ensure that proponents keep emissions as low as possible, the impact of activities from individual projects on climate change is not measurable………..

Proposal raised ‘flashing red’ concerns: EPA member

The Environmental Defenders Office (EDO) lawyers also argued the authority’s decision was invalid because the EPA had not followed its own meeting procedures nor voted on the final decision.

Emails discussed in court between the EPA decision-makers, who mostly live outside the Territory, revealed concerns raised by a number of members.

“For many projects with a much smaller area involved we have required extensive flora and fauna surveys.”

Mr Wallis said the land-clearing proposal should be exposed to public scrutiny through an assessment process.

Another EPA member suggested the authority clear the project for approval only on the basis that it ensure recommended conditions were met.

Recommendations were made but some of the conditions were then rejected by the Pastoral Land Board, which ultimately approved the clearing.

The matter will return to court later in December.  https://www.abc.net.au/news/2018-12-08/nt-land-clearing-climate-change-legal-stoush-supreme-court/10590808