EDO Qld, on behalf of Land Services of Coast and Country, has filed an application for judicial review in the Queensland Supreme Court of the decision to grant Adani Mining Pty Ltd an Environmental Authority under the Environmental Protection Act 1994 (Qld) (the EP Act).
Our client’s case is that the decision by the Queensland Environment Department to issue an Environmental Authority to Adani for the Carmichael mine was not in compliance with the law.
An examination of the Department’s reasons for making the decision has revealed the Department failed to comply with s 5 of the EP Act. Section 5 of the EP Act places a mandatory duty on decision makers to best achieve the ecologically sustainable development purpose of the Act.
This is vital because it ensures that Queensland’s environment is protected while allowing for development that improves total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends.
The hearing was 5 August 2016. On 25 November 2016 the Supreme Court delivered its judgment.