Last Updated: December 1, 2016

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Community group challenges lawfulness of Adani State environmental authority

27 April 2016

Environmental Defenders Office Queensland (EDO Qld) has filed a challenge to a State approval of the Adani Carmichael coal mine on behalf of its community group client, Coast and Country.

EDO Qld CEO and Solicitor Jo Bragg said: “On behalf of our community client, Land Services of Coast and Country, we have filed an application for judicial review of the decision to grant Adani Mining Pty Ltd an Environmental Authority under the Environmental Protection Act 1994 (Qld) in the Queensland Supreme Court.”

“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.

“EDO Qld is committed to providing professional services to the community to advance access to justice. In a law-abiding society, community groups need access to justice and the courts to see that proper democratic processes and laws designed to protect the environment are properly complied with. Courts should not be the exclusive domain of commercial interests and government.”

 

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