Bowen Basin Coal Pty Ltd v Environmental Advocacy in Central Queensland Inc & Anor - Other

Litigation

Sabin

Sabin Litigation

Filing Year For Action

On May 23, 2025, Queensland Conservation Council Inc's (QCC) objection to Bowen Basin Coal Pty Ltd (BBC) Environmental Authority Amendment Application for expansion of the Lake Vermont mine in central Queensland was referred to the Land Court of Queensland (Court) for a Mining Objection Hearing (MOH). Bowen Basin Coal Pty Ltd (the Proponent) submitted an application to amend its environmental authority (EA), A-EA-AMD-100781430 (the Application), to permit a new mining lease (MLA700080) and expand its operations in its existing leases, ML70528, ML70331, and ML70477. The current EA for the Lake Vermont Project (EPML00659513) limits coal extraction to 12 million tons per annum (Mtpa) of ROM coal. Lake Vermont primarily produces hard coking (metallurgical) coal and PCI coal for export markets. According to Project documentation, Lake Vermont Mine was expected to gradually decline from 2023, with further decreases to approximately 4 Mtpa and less from 2028 until the end of the mine life, which is currently scheduled for 2061. In 2019, information indicated that the Lake Vermont Mine contributed 8.9 million tons to the export market and was ranked as the ninth-largest supplier to the export coal market. The Application for the Lake Vermont Meadowbrook Project appears to be a proposed extension to the currently operating Lake Vermont Coal Mine. The Application proposes to extend the life of the mine by 20 years, with construction commencing in January 2025, and operational by December 2028 (based on the EIS, it is estimated that the project life span will be approximately 53 years). 

The Project proposes to provide additional product coal to maintain production levels at approximately 9 Mtpa from 2028 through to 2048. Following the completion of the underground extension project in 2048, a new open-cut pit is proposed to supplement existing operations, although production levels are expected to continue declining until the project's completion in 2055. Final mining completion at the existing Lake Vermont Mine is still expected to occur in 2061. The EIS indicates that approximately 108.6 Mt of underground ROM coal plus 13.3 Mt of open-cut ROM coal is estimated to be mined over the life of the project, producing approximately 122 Mt of total ROM coal. Based on the production estimates provided in the EIS, the project’s total lifetime carbon emissions would be 348 million tonnes CO2e. If approved, Lake Vermont could become the sixth-largest coal mine in QLD by 2028.

The Queensland Conservation Council (QCC) objects to the Lake Vermont mine expansion on environmental, human rights, and sustainability grounds. It argues that the project fails to meet the objectives of the Environmental Protection Act 1994 (Qld), which requires developments to enhance quality of life while safeguarding ecological processes. According to QCC, the mine expansion would instead cause long-term environmental harm.

QCC further contends that the project would unreasonably limit rights protected under the Human Rights Act 2019 (Qld), including the rights to equality, life, property, privacy, family, and the cultural rights of Aboriginal and Torres Strait Islander peoples. Granting approval in these circumstances would be incompatible with the Act.

The objections also highlight conflicts with the principles of ecologically sustainable development, including intergenerational equity, the precautionary principle, biodiversity conservation, and recognition of the global climate impacts of coal mining. QCC stresses that the project would undermine Australia’s commitments under international agreements such as the Paris Agreement and the Convention on Biological Diversity. Finally, it argues that the proponent has not adequately addressed information requests, that the expansion is contrary to the public interest, and that the economic benefits are outweighed by the full social and environmental costs.
