BHP Coal Pty Ltd & Ors v Chief Executive, Department of Environment, Science and Innovation
COURT OR TRIBUNAL
Queensland Land Court
DATE FILED (OR FIRST HEARING DATE)
06/05/2023
LITIGATION TYPE
Project Approval - Mitigation
SUBJECT MATTER
Coal mine
REVIEW TYPE
Merits review
SUMMARY
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – LAND COURT – where there are objections to draft amended environmental authority – where the Court makes recommendations to the administering authority for the EP Act concerning the draft amended environmental authority – where the objections concern climate change and greenhouse gas emissions, impacts to endangered and threatened species, groundwater and surface water impacts, cumulative impacts, and the rehabilitation of the impacted area – whether the Court should recommend the application for an amended environmental authority be approved
ENERGY AND RESOURCES – MINERALS – COURTS OR TRIBUNALS EXERCISING JURISDICTION IN MINING MATTERS – QUEENSLAND – LAND COURT – where the statutory party propose additional conditions be imposed upon the draft amended environmental authority – where the additional conditions require the applicant to develop and publicly report upon a greenhouse gases emissions abatement plan – where the applicant has already committed to a reduction in greenhouse gas emissions – where the statutory party can only impose a condition where it is ‘desirable or necessary’—whether the proposed conditions are desirable or necessary
HUMAN RIGHTS – HUMAN RIGHTS LEGISLATION – Human Rights Act 2019 s 58 – where the Court is acting as a public entity in an administrative capacity – where public entities are required to properly consider human rights relevant to their decisions – where the Court has previously held that greenhouse gas emissions limit the right to life – where no evidence of the limitation upon the right to life was led by the parties – whether the Court can accept its previous findings on greenhouse gas emissions as sufficient to engage the right to life
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