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Youth Verdict v. Waratah Coal

Country/Territory
Australia
Date
Mar 1, 2022
Source
UNEP, InforMEA
Court name
Land Court
Seat of court
Queensland
Reference number
[2020] QLC 33, [2021] QLC 4, [2021] QLC 36, [2022] QLC 3, [2022] QLC 4
Abstract
On May 13, 2020, the environmental group Youth Verdict lodged an objection to the proposed Galilee Coal Project in the Queensland Land Court on human rights grounds. The plaintiffs allege that by contributing to climate change the mine will infringe on their right to life, the protection of children, and the right to culture as protected by the Queensland Human Rights Act. Thus, approval of the mine would be unlawful. The Galilee Coal Project has received federal and state approval but needs to be assessed by the Queensland Land Court before the final approval can be issued by the state environmental authority. The role of the court is to make recommendations that the application be rejected or approved in whole or in part or approved subject to conditions. The recommendations are not finally determinative but must be considered by the Minister for Natural Resources Mines and Energy and by the Chief Executive of the Department of Environment and Science when making a final decision on the mining lease. On August 28, 2020, the court denied the defendant's motion to dismiss the case. The final hearing commenced in late April 2022.

Key environmental legal questions:

Australian youth challenged proposed coal mine on human rights grounds.
Full text
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