Xstrata Coal Queensland Pty Ltd v Friends of the Earth

COURT OR TRIBUNAL

Queensland Land Court

DATE FILED (OR FIRST HEARING DATE)

25/02/2011

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Merits review

SUMMARY

Xstrata, as part of the "Wandoan Coal Project" had applied for mining leases and environmental authority in respect of a major open-cut coal mine in QLD's Surat Basin. The Court heard objections from: a) Friends of the Earth (FOE) on climate change grounds; and b) neighbouring landowners on the grounds of adverse impacts to the amenity and productive use of their land. FOE grounded its objections in several mandatory considerations in the Mineral Resources Act, and the Environmental Protection Act. The Court found these objections were not made out. The Court make several key findings: a) "Scope 3 emission" were excluded from consideration - only emissions associated with the proposed mine's "operations" were relevant, and these emissions would be insignificant as a proportion of global or Australian emissions; b) in any case, approval of the mine would cause no more than a 'minor' environmental impact because approval would not affect global demand for coal; c) the significant economic contribution the proposed mine would make outweighed any adverse environmental effects. However, the Court did uphold some of the landowners' objections. Accordingly, the Court recommended that the mining leases and environmental authority be granted, in a modified form accounting for the concerns of landowners.

CASE DOCUMENTS

Xstrata Coal Queensland Pty Ltd v Friends of the Earth [2012] QLC 013