Rob Anderson KC (leading GB Kiss) represented the statutory party, instructed by the Department of the Environment, Tourism, Science and Innovation.
The applicant (‘BBC’) intends to extend the life of its Lake Vermont coal mine in the Bowen Basin by starting long wall underground coal mining to the north of the existing mine, using existing infrastructure. BBC and the Department of the Environment, Tourism, Science and Innovation (‘DETSI’) agreed to a final draft Environmental Authority (‘EA’) to approve the project subject to a set of conditions. However, two submitters objected to the draft EA, which triggered a referral to the Land Court.
The grounds of objection included the project’s impact on greenhouse gas emissions, terrestrial ecology, water, economic viability, and social and economic impacts, as well as whether the proposal is compatible with the Human Rights Act 2019 (Qld). The Land Court had to make a recommendation to the administering authority, which must consider the matters outlined in s 191 of the Environmental Protection Act 1994 (Qld).
President Stilgoe recommended approval of the project because her Honour was satisfied that the final draft EA adequately dealt with the issues presented. In particular, her Honour was satisfied that any potential limitation on human rights, including cultural rights, was justified.
The judgment can be read by clicking here
