AustraliaA coal mine is proposed near my property. Does the EPBC Act require consideration of climate impacts?
Yes, the EPBC Act requires consideration of climate impacts — including greenhouse gas emissions — for coal mine proposals that are likely to have a significant impact on matters of national environmental significance.
What the Law Says
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) governs federal environmental approvals for actions likely to significantly impact ‘matters of national environmental significance’ (NES). Climate change impacts — particularly greenhouse gas (GHG) emissions — are now explicitly included in this assessment framework.
Under section 528 of the EPBC Act, ‘impact’ includes ‘an effect on a matter of national environmental significance’, and expressly includes ‘greenhouse gas emissions that contribute to climate change’.
Section 75(1)(a) requires a person proposing an action that is likely to have a significant impact on a matter of NES to refer it to the Minister for assessment. Coal mining projects often trigger this because they may impact water resources (e.g., Great Artesian Basin), listed threatened species, or World Heritage properties — all NES matters.
The Department’s 2023 ‘Guidance on Climate Change Considerations under the EPBC Act’ confirms that direct and reasonably foreseeable indirect emissions (e.g., from coal combustion) must be quantified where the action contributes more than 100 kilotonnes of CO2-equivalent per year — a threshold used in practice for screening significance.
Statutory Text‘impact’ includes … greenhouse gas emissions that contribute to climate change
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s.528 — Definition of ‘impact’
Statutory TextA person must refer a proposed action to the Minister if the person thinks the action is likely to have a significant impact on a matter of national environmental significance.
— Environment Protection and Biodiversity Conservation Act 1999 (Cth), s.75(1)(a) — Referral requirement
What to Do
Check whether the proposed coal mine has been referred to the Federal Department of Climate Change, Energy, the Environment and Water (DCCEEW) via the EPBC Act referral process.
Review the public referral documents (available on the EPBC Act Public Portal) to see if GHG emissions — including scope 1, 2, and relevant scope 3 (e.g., combustion) — are assessed.
Make a formal submission to DCCEEW during the public consultation period, citing s.75(1)(a) and s.528 to urge rigorous climate impact analysis.
If the project is approved without adequate climate assessment, you may seek judicial review — though only on jurisdictional error grounds, not policy disagreement.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.