Land court decision – climate change needs to be considered!

The recent Land Court decision against Clive Palmer’s Galilee Coal Project will have welcome, far reaching consequences for all planned new coal mines in Queensland.

Youth Verdict and the Bimblebox Alliance challenged the project with the assistance of the Environmental Defenders Office on the grounds it would destroy the Bimblebox Nature Refuge, would pose an unacceptable risk to the climate, and that human rights of First Nations People would be negatively impacted as a result.

In May, the court travelled to Erub (Darnley) Island and Poruma (Coconut) Island in the Torres Strait to hear first-hand how climate change is negatively impacting communities and eroding their ability to practise culture, now legally protected by cultural and human rights under the Queensland Human Rights Act 2019.

The Land Court recommended that the Resources Minister and the Department of Environment and Science refuse the Mining Lease and Environmental Authority on environmental, climate and human rights grounds.

Land Court President Fleur Kingham in handing down her decision, said “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. As a matter of law, I have decided I can take the emissions into account in applying the principles of ecologically sustainable development (for the EA application) and in considering whether the applications are in the public interest (on both the ML and the EA applications).

“This case is about Queensland coal, mined in Queensland, and exported from Queensland to be burnt in power stations to generate electricity. Wherever the coal is burnt the emissions will contribute to environmental harm, including in Queensland.

“I recommend to the Honourable the Minister responsible for the Mineral Resources Act 1989 that MLA 70454 be refused.

“I recommend to the administering authority responsible for the Environmental Protection Act 1994 that EPML 00571313 be refused.”

Environmental Advocacy in Central Queensland director Dr Coral Rowston warmly welcomed the decision.

“We hope today’s Land Court decision will have far reaching consequences for new coal mines planned for Queensland.

“Land Court President Fleur Kingham was clear in her reasons – coal burnt from Queensland mines is worsening the climate crisis, and Queenslanders are directly suffering as a result.

“The decision also shows how the environmental costs to the Bimblebox Nature Refuge and to first nations communities from burning more coal cannot be outweighed by any perceived economic arguments.

“We send huge congratulations to Youth Verdict, the Bimblebox Alliance, the Torres Strait Islander community members who gave evidence, the farmers who have fought this project for more than a decade, and all those who fought alongside them, especially the tremendous lawyers at the Environmental Defenders Office.

“We call on the Resource Minister and the Department of Environment and Science to swiftly implement the court’s recommendation and refuse the approvals for this proposed climate-wrecking mine,” said Dr Rowston.