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Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd - decision

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Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd - order

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Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd - judgment

Filing Year For Action

The case centers around the granting of the Stage 3 mining project of the New Acland Coal ("NAC"). NAC, a wholly-owned subsidiary of the New Hope Group, operates a coal mine in Queensland. After expending the mine operation for the first time in 2005, NAC first applied to expand the operation one additional time (the proposed expansion and its amended versions are collectively referred to as "Stage 3 project") in 2007. Steps were taken to prepare for an environmental impact statement ("EIS") under the State Development and Public Works Organisation Act 1971, which was necessary for further approvals under the Mineral Resources Act 1989 ("MRA") and Environmental Protection Act 1994 ("EPA"). However, after the Queensland Government announced its renunciation of the project, based on the project's damage to the mine and agricultural land, the EIS process halted in 2012.

NAC reacted by revising the Stage 3 project. The new version proposed a smaller mine output. The new Stage 3 project was re-evaluated and was recommended for approval by the Queensland Coordinator-General in December 2014. However, in 2015, when the revised proposal was publicly advertised for objections under the MRA and EPA, multiple objections were made by surrounding farmers and landowners. Among the active objectors was Oakey Coal Action Alliance ("OCAA"), an incorporated non-profit charity committed to protecting the soils, waters, and the farming families who rely on them. Objections were heard in the Queensland Land Court, leading to Member Smith recommending against the Stage 3 project on May 31, 2017. The refusal was based on reasons relating to noise, groundwater, and intergenerational equity.

Judicial review was sought by NAC on Member Smith's recommendation. Justice Bowskill of the Supreme Court of Queensland found that Member Smith erred because groundwater quantity and intergenerational equity were not within the jurisdiction of the Land Court to consider in an MRA and EPA objection hearing, and because his honour failed to exercise the discretionary power conferred on him by §190 of the EPA in ruling on noise. The case was remanded to the Land Court, heard by President Kingham this time. Her Honour delivered the decision on Nov. 7, 2018, that the Stage 3 Project may be approved under the condition of lowering the noise limits. Following this decision, NAC applied to change the noise conditions. While OCAA appealed (and NAC cross-appealed) on the Supreme Court of Queensland's decision on May 30, 2018, the appeal was found unsuccessful on Sep. 18, 2019.  

Following the dismissal of the appeal from the Court of Appeals, OCAA applied for special leave to appeal to the High Court of Australia on Nov. 29, 2019. The High Court heard the case on Oct. 6, 2020, and on Feb. 3, 2021, reverted the matter to the Land Court once again for a redetermination according to law. As a result, Member Stilgoe of the Land Court recommended the Stage 3 project under stricter conditions on Dec. 17, 2021.

Following the somewhat unsuccessful result after years of litigation, OCAA brought a new challenge against the Stage 3 project in May 2023. This time, the challenge was based on the Queensland Government's 2022 decision to grant an associated water license to NCA. However, OCAA made the decision to withdraw the appeal in January 2025. 
NCA has been extracting coal under the Stage 3 expansion since September 2023.

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions or measures to adapt freshwater systems to climate change.

Action or measure that increases resilience of societal, cultural and natural heritage to climate change impacts.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People with different national or cultural traditions from the dominant population

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

woman and genders outside of the gender binary

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

This sector provides communication services, software development, and IT solutions.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd - judgment

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance