Living wonders legal intervention (Environment Council of Central Queensland Inc v Minister for the Environment and Water)

COURT OR TRIBUNAL

Other

DATE FILED (OR FIRST HEARING DATE)

10/07/2022

LITIGATION TYPE

Project Approval - Mitigation, Access to Justice

SUBJECT MATTER

Coal mine, Other

REVIEW TYPE

Other

SUMMARY

Environmental Justice Australia submitted 19 requests to the Australian Federal Environment minister to reconsider first stage of the assessment of most pending coal and gas proposals and expansions in Australia that were before her. Their client, ECoCeQ, provided the Minister with 3000 documents and spreadsheets listing the direct and indirect impacts of climate change as found by research scientists. They also provided the Minister with continent-wide mapping evidence showing the impact of climate-fuelled bushfires on all of the species and places under Federal supervision.

On 4 November 2022, the Federal Environment Minister Tanya Plibersek announced that she would reassess 18 major coal and gas proposals, including Woodside’s North West Shelf and Whitehaven’s Narrabri mine. There was a short window, until 24 November 2022, for the public to provide submissions on the proposals.

On 8 February 2023, the Minister rejected a new Central Queensland Coal Project near Rockhampton. The Minister said she rejected the project due to the risks it posed to the Great Barrier Reef, freshwater creeks and groundwater. The department received more than 9000 public comments about the mine, with 98% in favour of blocking the project. It was the first time a major new coal mine had been rejected under the Federal EPBC Act.

On 2 June 2023, ECoCeQ filed two cases in the Federal Court seeking judicial review of the Minister’s decisions to extend the Mount Pleasant and Narrabri coal mines. The matters have been listed for hearing from 18-22 September in the Federal Court.

On 18 September 2023, Justice McElwaine issued a judgment about the admissibility of the evidence of two climate experts. On 11 October 2023, Justice McElwaine dismissed the Living Wonders climate cases.

In late October 2023, an appeal was lodged to the Full Court of the Federal Court of Australia. On 16 May 2024, the appeal was dismissed. The applicants have now applied for special leave to the High Court.

CASE DOCUMENTS

Living wonders legal intervention
Federal Environment Minister reassessment announced
VID400/2023 Environment Council of Central Queensland Inc v Minister for the Environment and Water
VID401/2023 Environment Council of Central Queensland Inc v Minister for the Environment and Water
Environmental Defenders Office website
News article
Environment Council of Central Queensland Inc v Minister for the Environment and Water [2023] FCA 1117
Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2023] FCA 1208
Appeal press release
Environmental Council of Central Queensland Inc v Minister for the Environment and Water (No 3) [2023] FCA 1532
Environment Council of Central Queensland Inc v Minister for the Environment and Water [2024] FCAFC 56
Special leave applied for
Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2024] FCAFC 97