Land Services of Coast and Country Inc v Chief Executive, Department of Environment and Heritage Protection

COURT OR TRIBUNAL

Supreme Court of Queensland

DATE FILED (OR FIRST HEARING DATE)

26/04/2016

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Judicial review

SUMMARY

The Supreme Court of Queensland (Bond J) has dismissed an application for judicial review in respect of a decision to grant an environmental authority under the Environmental Protection Act 1994 (Qld) (EPA) in respect of the proposed Carmichael Coal Mine. The applicant, Land Services of Coast and Country, contended that the decision involved an error of law. Specifically, the applicant submitted: (a) the decision-maker misconceived ss 3 and 5 of the EPA, failing to appreciate that those sections require positive satisfaction that approval “was the best way to protect Queensland’s environment” whilst allowing for balanced development; and (b) the decision-maker failed to appreciate that s 5 required positive satisfaction that a decision was an exercise of power that best achieves the objects of the EPA. The Court rejected both submissions. The Court rejected the construction of ss 3 and 5 urged by the application, noting that that the language of the provisions, at a “high level of generality”, was incapable of bearing it (at [17]). Ss 3 and 4 required only that the decision-maker address mandatory considerations (at [21]), a standard the decision-maker had satisfied

CASE DOCUMENTS

Land Services of Coast and Country Inc v Chief Executive, Department of Environment and Heritage Protection [2016] QSC 272