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From High Court Ruling Mandates Climate Impact Consideration for Fossil Fuel Projects

How could the high court's climate ruling affect the Productivity Commission's policy review?

Possible What happens if… A possibility worth considering, not a forecast.

New climate ruling may prompt Productivity Commission review of WA resource policy The High Court ruling, which requires planning authorities to consider global climate change impacts, specifically Scope 3 emissions, introduces significant regulatory uncertainty into the resource sector. This concern is felt across Western Australia, where major projects like Woodside's $30 billion Browse gas proposal are being considered. Because the Productivity Commission is the body responsible for advising on microeconomic policy and regulation, the introduction of this complex, nationally relevant climate risk framework would likely necessitate a review of existing economic policies to assess the impact on WA's investment climate and resource development.

Reported by 1 independent outlet Written Oct 10
Effect
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When
Within months
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How it reaches Productivity Commission

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The facts so far

As reported. Each one links to where it comes from.

  • The High Court ruling mandates planning authorities in New South Wales consider global climate change impacts for local fossil fuel projects.abc.net.au
  • The ruling stymied the planned expansion of MACH Energy's coal mine after it was approved in 2022.abc.net.au
  • The ruling required taking into account the emissions caused by using the coal MACH would export, known as the project's scope 3 emissions.abc.net.au
  • Woodside's $30 billion Browse gas proposal in WA is still being considered by state and federal environmental bodies.abc.net.au
  • WA Treasurer Rita Saffioti said the government was seeking urgent legal advice regarding the decision.abc.net.au

Why it matters

The resource sector is critical to Western Australia's economy, and the certainty of investment is paramount for international partners. If the new climate consideration requirement leads to increased regulatory hurdles or delays, it could significantly impact the viability and timeline of major projects, potentially shifting investment to countries with lower environmental controls.

This ruling is not limited to New South Wales; legal experts suggest the content will be relevant to courts in other jurisdictions, including Western Australia. The concern from industry bodies is that this 'lawfare' could swing the pendulum away from the certainty that international investors require, forcing the government to reassess its entire resource development strategy.

What we don't know yet

  • Will the WA government formally task the Productivity Commission with reviewing the economic impact of the ruling?
  • How will the WA government respond to the legal advice sought regarding the applicability of the NSW ruling?

What would change this answer

The WA government formally announces a review of resource policy by the Productivity Commission.The effect becomes more certain and immediate, as the Commission would begin assessing the economic costs and benefits of the new regulatory environment.
The High Court clarifies that the ruling is strictly limited to the NSW planning framework.The ripple effect on Western Australia would fade, reducing the need for a major policy review.

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Questions worth asking

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  • About Queensland and South Australia

    Given the ruling's relevance to other jurisdictions, how might the requirement to consider Scope 3 emissions affect resource projects in Queensland or South Australia?

  • About Tasmania and Victoria

    If the High Court ruling is relevant to states like Tasmania and Victoria, how might their existing resource development strategies differ from Western Australia's?

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Brind's analysis is written by AI from the reporting linked above and can be wrong. This explainer is a possibility worth considering, not a forecast: steps marked as Brind's reasoning are not stated in the reporting. It is not investment advice; do your own research.