Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors  QLC 48
The proposed Carmichael Mine, located in Queensland’s Galilee Basin, has been granted mining leases subject to specific conditions found by the Queensland Land Court. The first respondent objected to the mining lease applications on a number of grounds. These included the impact of the mine on groundwater and groundwater dependent ecosystems. However, the court found significant adverse effects on groundwater due to the mine had not been adequately demonstrated. The court also dismissed claims with regard to the contribution that the burning of the coal from the mine would have on global greenhouse gas levels, and by extension the effect on the Great Barrier Reef.
The court did accept there will be significant impacts from the mine on biodiversity, particularly an endangered bird species, the black-throated finch (BTF) (poephila cincta) and a vulnerable plant species, (the waxy cabbage palm (WCP) livistona lanuginosa). The court found that approval of the open cut mine would irreversibly destroy the habitat of the BTF further affecting the survival of the endangered species. The court suggested additional conditions, as recommended by experts, be attached to grant of lease .
In summary, the court held the mining leases should be allowed, subject to compliance with BTF management conditions. This decision may be revised by State Ministers.
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