Green v Minister for Mining and Industry

COURT OR TRIBUNAL

Supreme Court of the Northern Territory

DATE FILED (OR FIRST HEARING DATE)

12/12/2021

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Coal mine

REVIEW TYPE

Judicial review

SUMMARY

Native title holders and the Environment Centre applied for judicial review of three decisions made in relation to the McArthur River Mine (a lead and zinc mine). Issues in the proceeding related to whether the Act required a mining management plan to include a plan and costing of closure activities after the planned closure of the mine; whether the Minister calculated the security required in accordance with the Act; and whether the Minister’s decision to approve the mining management plan and authorise the mining activities in the plan was unreasonable (given that it was argued to be non-compliant with the EPA's assessment report). The application for judicial review was dismissed. The EDO has appealed the decision to the Northern Territory Court of Appeal. In late 2023, EDO’s clients decided to withdraw their appeal after receiving legal advice that recent changes to the NT’s mining laws had significantly reduced their prospects of success.

CASE DOCUMENTS

Green v Minister for Mining and Industry [2023] NTSC 18
Appeal press release
Notice of withdrawal