Waratah Coal Pty Ltd v Youth Verdict (No 6) [2022] QLC 21
- Court / Tribunal
Land Court of Queensland
- Date of decision
25 November 2022
- Type of proceeding
Application for mining lease and environmental authority
- Human Rights Act sections
16 (right to life), 28 (cultural rights of First Nations peoples), 26 (rights of children), 24 (right to property), 25 (right to privacy), 15 (right to equality), 58 (obligations on public entities)
Summary
In this case, the Land Court of Queensland recommended that the mining lease and environmental authority for a coal mine in Queensland’s Galilee Basin be refused.
The Court decided that the climate scenario consistent with a viable mine risked unacceptable climate change impacts to Queensland people and property, even taking into account the economic and social benefits of the Project.
Among several relevant factors, the Court took in into account human rights in the process of assessing where the public interest lies. The Court accepted the connection between the act of authorising the applications and the harm that would be caused by the emission of greenhouse gas when the mined coal is burnt, contributing to climate change.
The Court found that limits on the right to life, cultural rights of First Nations peoples, rights of children, right to property, right to privacy and home, and right to enjoy human rights equally caused by climate change were not demonstrably justified. Additionally, the court found that limits on the rights to property and privacy of landholders caused by the nuisance and environmental damage caused by the project were not justified.
While the Court’s decision is not binding on government, it is a significant one for how the Human Rights Act applies to resource projects and climate change, and discussion on the scope of specific rights.