In Queensland, certain projects that may impact upon the environment require environmental authority prior to commencement. Xstrata applied for a mining lease and environmental authority in respect of a proposed open cut coal mine. The applicant, Friends of the Earth, objected to the coal mine project in the Land Court of Queensland.

Amongst other arguments, Friends of the Earth cited climate change concerns as a reason that the project should not be granted a mining licence and given environmental authority. The Land Court ultimately rejected this and stated: “…the demand for coal for electricity production would exist regardless of the location of the source…stopping the project will not affect the amount of coal actually burned globally.”

Amongst others, the case illustrates the general reluctance of Land Courts to consider climate change impacts as a relevant consideration in deciding environmental authority cases.

(Contribution:  Case provided by Charley Xu from the Queensland University of Technology)