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The Climate Litigation Database

Wildlife Preservation Society of Queensland Proserpine/Whitsundry Branch Inc. v. Minister for the Environment and Heritage

Geography
Year
2006
Document Type
Litigation

About this case

Filing year
2006
Status
Application dismissed
Court/admin entity
Australia → Federal Court of Australia
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global) → Climate adaptation (Global)
Principal law
Australia → Environment Protection and Biodiversity Conservation Act 1999 (Cth)
At issue
Challenge to federal agency failure to require an environmental impact assessment for a coal mine proposal
Topics
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Documents

Summary

An Australian federal court upheld a federal agency decision to not require an environmental impact assessment (EIA) for a coal mine proposal under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act). Environmental groups argued that the burning of coal harvested from the mines would contribute to global warming, which could have substantial adverse impacts on the ecosystems of world heritage areas like the Great Barrier Reef, triggering the EIA requirement under the EPBC Act. The Court held that the greenhouse gas emissions from the mining and burning of coal had been considered by the agency in its decision not to require an environmental impact statement. The judge was not persuaded that there is a casual link between coal mining activities and damage to ecosystems.

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Group
Topics
Policy instrument
Risk
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance