Mackay Conservation Group v Commonwealth of Australia

COURT OR TRIBUNAL

Federal Court of Australia

DATE FILED (OR FIRST HEARING DATE)

12/01/2015

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Judicial Review

SUMMARY

Mackay Conservation Group sought judicial review of the Minister for the Environment’s decision to approve the proposed Carmichael Coal mine on the three grounds: (a) that the Minister failed to adequately consider the total impact on the greenhouse gas emissions from the mine, especially scope three greenhouse gas emissions (emissions caused by the burning rather than extracting the coal); (b) secondly, that the Minister failed to adequately consider the environmental record of the proposed mine operator, which included a number of breaches of Indian environmental laws and regulations; and (c) that the Minister failed to consider two expert Approved Conservation Advice reports in respect of two Australian endangered species; the Yakka Sking and the Ornamental Snake. The Parties ultimately issued a settlement agreeing that the third ground was made out: the Minister had failed to consider the two Conservation Advice Reports.

CASE DOCUMENTS

NSD33/2015 Mackay Conservation Group v Commonwealth of Australia