New Acland Coal Pty Ltd v Ashman; New Acland Coal Pty Ltd v Smith; Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd

COURT OR TRIBUNAL

High Court of Australia, Queensland Land Court, Supreme Court of Queensland

DATE FILED (OR FIRST HEARING DATE)

14/10/2015

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Merits review and judicial review

SUMMARY

The proceeding concerned applications for mining leases and objections to a New Acland Coal Mine revised Stage 3 project. The proceedings gave rise to complex overlapping issues for hearing and determination including economic issues, and issues in relation to air quality and dust, noise, transport and roads, climate change, biodiversity of flora and fauna, physical and mental health, land values, livestock and rehabilitation, land use and soils, intergenerational equity, community and the social environment, heritage values and cultural heritage, groundwater and surface water.

At first instance, Member Smith made many findings favourable to New Acland but recommended the applications be refused for reasons relating to noise, groundwater and intergenerational equity. New Acland applied for review of the decisions. The judicial review application was heard by Bowskill J. Her Honour found that the recommendations of Member Smith were affected by errors of law and made orders setting aside the recommendations and reverting the matter back to the Land Court. Kingham P reconsidered the matters. Following several other judgments, the matter was successfully appealed to the High Court of Australia and reverted back to the Land Court for redetermination according to law.

The Land Court recommended the grant of the mining leases, subject to stricter conditions.

CASE DOCUMENTS

New Acland Coal Pty Ltd v Ashman (No 4) [2017] QLC 24
New Acland Coal Pty Ltd v Smith & Ors [2018] QSC 88
New Acland Coal Pty Ltd v Smith [No 2] [2018] QSC 119
New Acland Coal Pty Ltd v Ashman (No 6) [2018] QLC 17
New Acland Coal Pty Ltd v Ashman (No 7) [2018] QLC 41
Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2021] HCA 2
New Acland Coal Pty Ltd v Oakey Coal Action Alliance Inc. & Ors (No 2) [2021] QLC 44