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Litigation

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decision

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

order

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

judgment

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.

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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.

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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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

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

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

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

People who have left their homes, whether through force, voluntarily, or a mixture of both

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

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

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

Impacted group

Just transition

Fossil fuel

Economic sector

Finance