Adani Mining Pty Ltd v Land Services of Coast and Country Inc

COURT OR TRIBUNAL

Queensland Land Court

DATE FILED (OR FIRST HEARING DATE)

01/10/2014

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Regulatory challenge

SUMMARY

The Queensland Land and Environment Court (CAC MacDonald) recommended granting three mining leases (under the Mineral Resources Act 1989 (QLD)) and two environmental authorities (under the Environmental Protection Act 1994 (QLD)) in respect of the proposed Carmichael Coal Mine. However, it was recommended that approval be subject to certain conditions directed at protecting groundwater and diversity in the vicinity of the proposed mine site. The Land Services of Coast and Country (LSCC) had objected to the grant of the leases and authorities on five bases: (a) the impact on groundwater and groundwater dependent ecosystems; (b) the impact on biodiversity, particularly an endangered bird species and a vulnerable plant species; (c) the climate change impacts caused by extracting, transporting and eventually burning the coal, which will damage Queensland’s environment generally and the Great Barrier Reef specifically; (d) the economically viability of the mine; and (e) that the approval would run contrary to the public interest. The Court held that there was no base which was an impediment to recommending the grant of the leases and authorities, although concerns raised in the context of bases (a) and (b) were addressed in the recommended grant conditions.

CASE DOCUMENTS

Adani Mining Pty Ltd v Land Services of Coast and Country Inc [2015] QLC 48