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On October 10, 2025, the Australian Conservation Foundation (ACF), represented by Environmental Justice Australia, brought judicial review proceedings in the Federal Court of Australia challenging the Australian Environment Minister’s decision to approve an application to extend the operation of a large gas processing facility until 2070 (the North West Shelf Project Extension). The Minister approved the project following an environmental impact assessment under the Environment Protection and Biodiversity Conservation Act (Cth) 1999 (EPBC Act). The EPBC Act is Australia’s primary federal environmental legislation.

The ACF proceedings were heard alongside a separate challenge brought by Friends of Australian Rock Art Inc (FARA). While both proceedings challenge the same approval decision, they rely on different legal arguments. 

Both proceedings concern government decision making regarding fossil fuel projects and the proper interpretation of key provisions in the environmental impact assessment process under Australia’s federal environmental laws. Broadly, ACF and FARA argue that the Minister made legal errors when approving the project and that the approval decision should be set aside. 

ACF also challenged the Minister’s refusal of a reconsideration request which called on the Minister to consider the climate impacts of the project. The project is expected to result in approximately 4 billion tonnes of greenhouse gas emissions in its lifetime. Specifically, ACF challenged the Minister’s finding that the project could not properly be considered to be a substantial cause of climate harms on protected matters. 

The proceedings also concern the project’s impact upon the Dampier Archipelago National Heritage Place, or Murujuga, which is thought to contain more than 1 million rock engravings, and represents one of the most dense and diverse collections of rock engravings in the world. The Murujuga Cultural Landscape was also added to the World Heritage List in 2025.  

The UN Special Rapporteur on the human right to a clean, healthy and sustainable environment was granted leave to appear as amicus curiae in these proceedings.

The hearing was held on July 21 to 24, 2026. Judgment has been reserved, and the online file can be accessed here https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/online-files/australian-conservation-foundation-inc. 

Brad Homewood, a climate activist was found guilty and fined $5,000 in the Magistrates' Court of Victoria by Magistrate Andrew Halse, after protesting for hours at the Exxon Mobil’s refuelling facility.  

Homewood, in relation to him blocking the exit gate of Exxon Mobil's facility in Spotswood and protesting, was charged with four offences. As a defense, Homewood argued that the protest was necessary, because there was a sudden or extraordinary emergency of the climate crisis under Crimes Act 1958 (Victoria) §322R. §322R requires that (i) Homewood reasonably believed that circumstances of sudden or extraordinary emergency exist; (ii) Homewood reasonably believed that the protest was the only reasonable way to deal with the emergency; and (iii) the protest is a reasonable response to the emergency of the climate crisis. To support his case, Homewood submitted expert reports on the severity of global heating and the history of civil disobedience being used to affect political change. However, Magistrate Halse found the reports inadmissible and ruled in favor of the prosecutor. 

According to a fundraiser launched by Homewood, Homewood is planning to appeal the decision in the Supreme Court of Victoria.

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.


Australian Securities and Investments Commission (ASIC) filed a suit against Fiducian Investment Management Services Limited (FIMSL) on October 2, 2025, in the Supreme Court of New South Wales, alleging that FIMSL breached its duties by engaging in misleading and deceptive conduct about its environmental, social, and governance (ESG) fund. ASIC claims that while the Product Disclosure Statement about the Diversified Social Aspirations Fund (DSAF) stated with details how the DSAF would only make investments in companies that were considered to be positive for society and the environment, FIMSL invested in a number of coal mining and petroleum related businesses. ASIC seeks, under the ASIC Act, that FIMSL pay a pecuniary penalty or penalties for its violations and disclose to the public its wrongdoings. 

This is the fourth greenwashing civil penalty action taken by ASIC, and the first against a responsible entity (RE) for alleged failures in governance and compliance with RE duties.

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