In BHP Coal Pty Ltd & Ors v Chief Executive, Department of Environment, Science and Innovation [2024] QLC 7, the Land Court of Queensland addressed a series of critical environmental and regulatory concerns surrounding the application for a mining lease and environmental authority by BHP Coal Pty Ltd and associated parties. The central focus of objections included climate change impacts, endangered species conservation, groundwater and surface water management, and the rehabilitation of adversely affected areas.
The judgment underscored the essential balance between industrial development and environmental conservation, reflecting on the necessity to reconcile economic benefits with ecological preservation. Notably, the case deliberated on the proposed additional conditions to amend the environmental authority document EPML00562013, which sought to include measures for greenhouse gas emissions abatement and public reporting. Amid these discussions, the human rights implications of environmental decisions were critically evaluated, highlighting the court's role in considering greenhouse gas emissions' impact on the right to life under the Human Rights Act 2019.
The court upheld the recommendation for the mining lease application and amendments to the environmental authority, navigating through considerations such as the ecological significance of the site, the economic implications for the local community, and the broader state and national environmental objectives.