Cultural rights

The Court dismissed an application for a number of orders under the Land Court Act 2000 (Qld). In doing so, the Court found that the Human Rights Act 2019 (Qld) had no bearing on the Queensland Police Service’s execution of a lawfully granted warrant of possession.

The case concerned an application for a mining lease. The Court briefly discussed its obligation to properly consider human rights, although the Human Rights Act 2019 (Qld) had commenced after objections had been lodged. The Court then provided an outline of the submissions that the applicants had made on human rights, but did not make any further remarks. The objections were addressed so as not to preclude a grant of the mining lease, but a number of steps still preceded its possible grant.

The case concerned an application for a mining lease and environmental authority. The Court provided a detailed consideration of the mine’s human rights impacts through its contribution to climate change, and effect on the surrounding area. The Court ultimately concluded that the limitations to human rights imposed by the mine were unjustifiable.

This case concerned an application for orders regarding a family dispute over the burial location of a deceased Indigenous man. Justice Henry noted that section 28 of the Human Rights Act 2019 (Qld) (cultural rights of Aboriginal and Torres Strait Islander peoples) did not affect the Court’s usual approach to resolving these types of cases as Aboriginal and Torres Strait Islander customs have always been considered.