Court papers were to be served on Delta Electricity, Macquarie Generation and State Planning Minister Tony Kelly ‘challenging the concept approval’ for the Mt Piper and Bayswater expansion.

The application to the Land and Environment Court was made by Ned Haughton, an activist with the previously unknown Rising Tide Newcastle organisation.

Mr Haughton described himself as a ‘science student’.

He said he will argue to the court that the Minister’s approvals for the power station concepts are invalid through ‘a failure to consider ecologically sustainable development’ in the decision.

“So long as State and federal Governments continue to leave us in a climate policy vacuum it is up to individual citizens to push for a change in whatever way possible, including taking legal action,” Mr Houghton said.

He told Sydney ABC Radio yesterday that he was conscious of the fact that he could incur considerable legal costs if the Court decision went against him.