Hancock Coal Pty Ltd v Kelly

COURT OR TRIBUNAL

Queensland Land Court

DATE FILED (OR FIRST HEARING DATE)

29/04/2013

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Merits review

SUMMARY

Case concerned objections to the approval of a Mining Lease, and Environmental Authority, for a proposed coal mine in the Galilee Basin. The objectors focused on three main areas. Concerning groundwater, they argued that the modelled effects on groundwater was unreliable and thus the impact assessment was flawed. In relation to climate change, they argued that the assessment ignores the global impacts of the burning of mined coal. The burning of coal is arguably a direct consequence of the mine, and therefore a relevant consideration under the Environmental Protection Act, relating to the principles of ecologically sustainable development. They also identified a series of economic objections. Hancock Coal replied, arguing that extensive data showed there would be no significant impact upon groundwater; that emissions occasioned as a result of burning the coal are Scope 3 emissions and therefore irrelevant for consideration, and that the economic concerns were not accurate. The Court recommended that the project either be rejected outright, or subject various conditions. It was particularly concerned with ground water issues, finding that the evidence could not conclusively say how far interference with groundwater would extend, and thus an application of the precautionary principle was appropriate.

CASE DOCUMENTS

Hancock Coal Pty Ltd v Kelly (No. 4) [2014] QLC 12