MEDIA RELEASE: Judgment handed down on Adani Supreme Court challenge
25 November 2016
EDO Qld lawyers, on behalf of Land Services of Coast and Country, had 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).
This morning we received the judgment in this matter – Land Services of Coast and Country Inc v Chief Executive, Department of Environment and Heritage Protection & Anor (SC No 4189/16).
“Today’s judgment failed to support the case that we had presented to the court to set aside the environmental authority for Carmichael mine,” said EDO Queensland’s CEO and Solicitor Jo-Anne Bragg.
“While we respect the Court’s decision this was a carefully considered legal case and we are disappointed by the judgment.
Our client’s case was 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.
“Today’s judgment is a loss for the people and a loss for our precious environment. It says the decision is not unlawful, but is not an endorsement of the merits of the mine.
Our client’s case was that 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.
“That duty is a vital protection because it aims to ensure 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,” said Bragg.