Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors

Adani Mining Pty Ltd (the applicant) has applied for three mining leases relating to the proposed Carmichael coal mine located in the north

Galilee Basin approximately 160 kms north-west of Clermont in Central Queensland.

In general terms, the first respondent, Land Services of Coast and Country Inc, objected to the applications on a number of grounds. Amongst others, it was argued that the burning of the coal from the mine will contribute to climate change, thereby contributing to environmental harm to the Great Barrier Reef World Heritage Area. It was also argued that should the proposed mine go ahead, the mine will impact upon biodiversity, particularly an endangered bird species and a vulnerable plant species.

The Land Court held that scope 3 emissions could not be taken into consideration for the purposes of determining whether a mining lease should be granted. In relation to the biodiversity issue, the Court imposed certain conditions upon the applicant so as to mitigate the impact upon biodiversity. For these reasons and others, the Court ultimately recommended that the mining leases be approved.

Notably, the case is also authority for the definition of scope 3 emissions:  “…are supply chain emissions, being emissions associated with the mine but not specifically emitted by the mine (e.g.: the emissions associated with the transport and burning by third parties of coal produced by the mine).”

(Contribution:  Case provided by Charley Xu from the Queensland University of Technology)