Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors

COURT OR TRIBUNAL

Queensland Land Court

DATE FILED (OR FIRST HEARING DATE)

30/07/2020

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Human rights

REVIEW TYPE

Judicial review

SUMMARY

On 25 November 2022, Kingham P recommended that Waratah Coal’s applications for a mining lease and environmental authority to mine thermal coal in the Galilee Basin be refused. The science of climate change was not disputed in the hearing. What was disputed was whether Kingham P could take into consideration the emissions from burning of the coal by third parties when making her decision. Kingham P found that she could consider these emissions when applying the principles of ecologically sustainable development and in considering whether the applications are in the public interest.

Kingham P held that “the 1.58 Gt of CO2 is a meaningful contribution to the remaining carbon budget to meet the long-term temperature goal of the Paris Agreement. Making the coal available for combustion could limit the options for achieving that goal”. She held that “the climate scenario consistent with a viable mine risks unacceptable climate change impacts to Queensland people and property, even taking into account the economic and social benefits of the Project”. She also held that several human rights would be limited by the project.

On 10 February 2023, Waratah Coal filed a notice of discontinuance of its entire appeal to the Supreme Court of Queensland.

CASE DOCUMENTS

Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors [2020] QLC 33
Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 2) [2021] QLC 4
Waratah Coal Pty Ltd v Youth Verdict Ltd (No 5) [2022] QLC 4
Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21
Notice of discontinuance of appeal
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