Two Supreme Court Challenges against Carmichael Mine Dismissed

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Two Supreme Court Challenges against Carmichael Mine Dismissed

Burragubba & Anor v Minister for Natural Resources and Mines & Anor [2016] QSC 273 (25 November 2016)

The applicants applied to set aside the administrative decision by the Minister for Natural Resources and Mines, first respondent, to grant three mining leases to the second respondent, Adani Mining Pty Ltd. The applicant had lodged a native title application over the area of which the leases were granted. Prior to the granting of the leases, a decision by the National Native Title Tribunal was being appealed by the applicants. This decision was being partially appealed at the time the decision to grant the leases was made.

The applicant raised this appeal based on the following grounds:

  1. The minister’s decision is a breach of natural justice because the applicants were not given the opportunity to be fully heard before he made his decision;
  2. The minister failed to consider the relevant consideration of the adverse impacts of granting a mining lease on natural title and culturally sensitive areas
  3. The minister made an error of law or failed to take into account a relevant consideration when he decided:
    1. that native title issues had been resolved by the two NNTT decisions; and
    2. that he was not prepared to postpone making his decision to await the outcome of the attempt to set aside one of the NNTT decisions.

The application was dismissed on all grounds.

Land Services of Coast and Country Inc v Chief Executive, Department of Environment and Heritage Protection & Anor [2016] QSC 272 (25 November 2016)

The applicant contested the decision by the delegate of the first respondent to grant an environmental authority under the Environment Protection Act 1994 (QLD) to the second respondent, Adani Mining Pty Ltd, the development and operation of the Carmichael Coal Mine. The application for judicial review of the respondent’s decision was dismissed.

 

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