Court rejects farmers' appeal against Narrabri Gas Project

Santos's plans to drill 850 coal seam gas wells in the Pilliga region were approved last year by the Independent Planning Commission.

A group of nearby farmers known as the Mullaley Gas and Pipeline Accord subsequently launched a legal challenge in December.

The MGPA argued NSW planning authorities failed to consider the true impact of the project's greenhouse gas emissions, because it considered them relative to a coal project, rather than in isolation.

But the Chief Justice of the Court, Justice Brian Preston, dismissed that suggestion, and ruled it was a relevant consideration "in assessing the potential benefits of carrying out the Project."

"MGPA has not established that the IPC asked itself the wrong question."

The appeal argued there should have been more consideration of the so-called downstream emissions of the project, when the gas is burnt to generate energy.

But Justice Preston ruled the IPC did consider whether limitations on Scope 3 emissions would be appropriate and was reasonable in not imposing them.

"Santos was not shown to have any particular relationship with or control over any end user," Justice Preston said.

Justice Preston also rejected claims that the IPC should have considered the impact of an associated gas pipeline, which the appellants argued is a necessary part of the project to transport gas from Narrabri to market.

"There was no defined route for any potential gas transmission pipeline, so as to be able to assess the impacts of the pipeline," he said.

Opponents vow to keep fighting:

The MGPA was represented in the appeal by the Environmental Defenders Office, which has called for changed to NSW planning laws to more rigorously scrutinise fossil fuel project.

MGPA spokesperson, beef farmer Margaret Fleck said the outcome was disappointing.

"We will consider the judgment."

Georgina Woods (Above) from the 'Lock the Gate Alliance NSW' said the court ruling did not mark the end of the fight against the project.

"Farmers and communities in north-west NSW are already suffering the destructive impacts of the climate crisis," she said.

"Santos will never built its gas field at Narrabri."

Santos has received a staged approval for its project, which requires it to meet several conditions before moving into the construction phase.

Story By | Patrick Bell