Past Court Cases · Nature & the Reef

ACF Federal Court Adani Carmichael judicial review

29 August, 2016

On behalf of Australian Conservation Foundation (ACF), EDO Qld sought an independent judicial review of the legality of Federal Environment Minister Greg Hunt’s re-approval of Adani Carmichael coal mine project. The case was about whether the minister correctly applied the law when considering the impacts of the project on the Great Barrier Reef.

Australian Conservation Foundation Incorporated v Minister for the Environment [2016] FCA 1042

The hearing took place 3-4 of May 2016 in the Federal Court in Brisbane. On 29 August 2016 the Federal Court ordered that the application for judicial review be dismissed. The Court accepted that the Minister concluded that the combustion emissions from the proposed mine would have no relevant impact on the Great Barrier Reef. Read the full judgment.

Background

EDO Qld was the legal representation for the Australian Conservation Foundation (ACF) in the Federal Court in their objection to the federal re-approval of the proposed Adani Carmichael coal mine project in Queensland’s Galilee Basin.

On behalf of ACF, EDO Qld sought an independent judicial review by the Federal Court of the legality of Federal Environment Minister Greg Hunt’s re-approval of the project.

This case is about whether the Minister correctly applied the law when considering the impacts of the project on climate change and our Great Barrier Reef. Australia has an international legal obligation to do all it can to protect our the Reef for future generations. The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) states the Minister must not act inconsistently with Australia’s responsibilities under the Convention Concerning the Protection of the World Cultural and Natural Heritage (the World Heritage Convention).

A detailed explanation of the case including key court documents is available here

ACF first sought the independent judicial review in the Federal Court on 9 November 2015 after the Federal Environment Minister re-approved the environmental authority for Adani’s Carmichael project on 14 October 2015. This followed a Federal Court decision on 6 August 2015 to set aside the Minister’s first approval of the project (granted on 28 July 2014) after he failed to consider conservation advice on vulnerable species.

For more information see the following education site: http://envlaw.com.au/carmichael-coal-mine-federal-court/

Environmental Defenders Office Queensland (EDO Qld) gives a strong legal voice to the environment when needed most.

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