Court rejects coal mine bid

Climate ruling against Clive project

CLIVE Palmer’s Galilee Coal Project – to build the biggest thermal coal mine in Australia and produce almost four times that of the Adani mine – has been rejected by the Queensland Land Court.

Youth Verdict, a coalition of young Queenslanders, and environmental conservation group The Bimblebox Alliance, challenged the Waratah Coal project in court over the proposal on the Galilee Basin west of Emerald.

The groups argued burning coal from the mine will impact the cultural rights of Aboriginal and Torres Strait Islander people by further contributing to adverse climate change.

The court also heard arguments that the effects of climate change were a human rights violation.

Queensland’s Land Court president, Fleur Kingham, recommended both the mining lease and an environmental authority should be rejected on

Friday. The applications will now be determined by the Queensland Government.

“This case is not about whether any new coal mines should be approved. It is about whether this coal mine should be approved on its merits, Ms Kingham said.

The lengthy hearing included a visit to Country after First Nations people invited the Land Court to hear evidence on their land about the impact of climate change.

Ms Kingham said this case was about whether the controversial coal mine project should “be approved on its merits”.

She said the impacts of climate change was a “key issue” in her decision to reject the two applications.

“What is in dispute is whether I can take into account the emissions from combustion of the coal,” Ms Kingham said.

“Waratah says the Court has no control over the emissions, because approving the applications does not approve the combustion of the coal.

“That will be a decision made in the countries to which the coal will be exported.

“However, granting permission to mine the coal cannot be logically separated from the coal being used to generate electricity.

“The justification for the mine is to export coal for that purpose.”

Ms Kingham said she had ultimately decided to “take the emissions into account” as a matter of law.

“This case is about Queensland coal, mined in Queensland, and exported from Queensland to be burnt in power stations to generate electricity,” she said.

“Wherever the coal is burnt the emissions will contribute to environmental harm, including in Queensland.”

Ms Kingham said she had also found if the mine is ultimately approved then human rights would be “limited” by the project.