THE Independent Planning Commission has defended itself against criticism by Deputy Premier John Barilaro, who accused it of "judicial activism" and "over-reach" in considering climate-based export controls on a Hunter valley coalmine.
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But it still refusing to explain the issue that angered Mr Barilaro and others, including federal Labor front-bencher Joel Fitzgibbon, who has written an opinion piece on the the controversy for the Newcastle Herald.
For its part, the commission said in a statement to the Herald that it was "a stand-alone agency and a consent authority in its own right for state significant development in NSW".
"The commission cannot and will not comment on cases which are on foot," the statement said. "It does, however, strongly refute recent claims of 'judicial activism' and that it is acting 'out of kilter' with government policy."
The statement said the relevant State Environment Planning Policy (SEPP) for mining "explicitly states" what it must consider about greenhouse gases before approving a project, and it was also required to "consider" the state government's Climate Change Policy Framework in making decisions.
The commission drew applause from environmentalists and ire from the industry earlier this month when it used the rejection of the controversial Rocky Hill proposal to suggest the proposed United Wambo open-cut should be responsible for minimising the greenhouse gases emitted by overseas customers burning its coal.
Under the global standards for measuring greenhouse gases, these are known as Scope 3 emissions from the mine's perspective, but Scope 1 emissions for the power stations burning the coal.
Until now, Australian coal's Scope 3 emissions have been viewed as the responsibility of the countries buying our coal.
Despite concerns that the Rocky Hill case would set a precedent, there was no appeal, either from Gloucester Resources alone or backed by bigger companies.
The commission's August 2 announcement that it might only approve United Wambo if it restricted its sales to those countries that had signed the United Nations Paris Agreement (or who had similar policies) reignited the debate.
Mr Barilaro took deliberate aim at the chair of the commission, former NSW chief scientist Mary O'Kane, at a mining conference last week, knowing she would be speaking the following morning.
Related stories from last week's NSW Minerals Council conference:
Although Planning Minister Rob Stokes backed the commission and Dr O'Kane, the deputy premier yesterday stood by his criticisms of the commission as it was operating.
He was joined by Mr Fitzgibbon, who blamed the NSW government.
"It's up to the government to repair the architecture of the planning process, which is allowing the commission to engage in 'mission creep'," Mr Fitzgibbon said.
"It's clear that John Barilaro shares my concern and if he is prepared to stand up about this he will have an ally in me."
Mr Fitzgibbon said there was no inconsistency in wanting a "renewables" future and acknowledging a need for coal.
"The technology does not yet exist to meet the global demand for electricity without coal-fired generation. The developing world will need our relatively clean coal for decades to come."
Some relevant reading:
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Ian Kirkwood
Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.
Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.
