Whitehaven Coal Pty Ltd v Australian Conservation Foundation & Ors

The Australian Conservation Foundation (ACF) and Mackay Conservation Group (MCG) have commenced legal proceedings in the Queensland Land Court, seeking the refusal of Whitehaven Coal’s Winchester South thermal and metallurgical coal mine, proposed for the Bowen Basin. ACF and MCG will argue that the court should recommend that no mining lease or environmental authority be granted for the Winchester South project – Australia’s largest proposed new coal project – due to its significant environmental and human rights impacts. If it goes ahead, the mine would likely: (a) Extract up to 17 million tonnes of thermal and metallurgical coal each year for 28 years, generating at least 583 million tonnes of climate pollution – more than the entire annual emissions of Australia. (Much of the Winchester coal would be burnt overseas but still contribute to global warming impacts in Australia.) (b) Spew huge volumes of super-warming, unchecked methane into the air, adding to the already severely underreported methane coming from the Bowen Basin. (c) Destroy at least 2,000 hectares of wildlife habitat that is home to endangered and threatened species, including koalas (destroying 242 football fields of koala habitat), the greater glider, the Australian painted snipe, the ornamental snake and squatter pigeon. (Whitehaven plans to dig six huge mine pits.) (d) Have an unacceptable impact on water resources, including the Isaac floodplain and groundwater aquifers. (e) Impact human rights due to the climate consequences on generations of Queenslanders. (f) The groups believe Whitehaven’s environmental history makes it an unsuitable company to operate this mine.