In BHP Coal Pty Ltd & Ors v Chief Executive, Department of Environment, Science and Innovation [2024] QLC 9, the appellants, which include several entities involved in coal mining operations, appealed against an internal review decision made by the respondent. This decision had determined that the appellants' application for a Progressive Rehabilitation and Closure Plan (PRC plan) was not properly made. The appeal was heard in the Land Court of Queensland, where Member WA Isdale presided. The key legal questions revolved around whether the PRC plan complied with specific statutory requirements stipulated in the Environmental Protection Act 1994 (Qld).
During the proceedings, it was argued that the environmental authority under which the appellants operated did not necessitate compliance with all aspects of sections 126C and 754 of the Act. The Court found that the environmental authority authorised a final void, thereby meeting the requirements for an outcome under section 754(3). This led to the conclusion that the PRC plan was compliant with the relevant sections of the Act concerning community consultation and identified outcomes.
The Court allowed the appeal, set aside the review decision, and directed the administering authority to reassess the application as a properly made application, ensuring adherence to the law.