Past Court Cases · Energy & Climate

Adani Carmichael Supreme Court EA Judicial Review

25 November, 2016

EDO Qld represented Land Services of Coast and Country in an application in the Queensland Supreme Court for judicial review of the Queensland Government’s decision to grant the Adani Carmichael Coal Mine an Environmental Authority (EA). Our client’s case was that there was a failure to comply with section 5 of the Environmental Protection Act 1994 (Qld).

Land Services of Coast and Country Inc v Chief Executive, Department of Environment and Heritage Protection & Anor [2016] QSC 272

The hearing was 5 August 2016. On 25 November 2016 the Supreme Court delivered its order that the review application be dismissed. Read the full decision.

Background

EDO Qld, on behalf of Land Services of Coast and Country, filed an application for judicial review in the Queensland Supreme Court of the decision of the Queensland Department of Environment's to grant Adani Mining Pty Ltd an Environmental Authority under the Environmental Protection Act 1994 (Qld) (the EP Act).

Our client’s case was that the decision by the Queensland Environment Department to issue an EA 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.

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