Planning and Environment

The case concerned an application for a mining lease and environmental authority. There is considerable litigation history between the parties. This particular case was a remitted hearing following a decision of the High Court in February 2021.

The case concerned objections to an application for a mining lease and an amended environmental authority. The Court discussed that they were required to consider the Human Rights Act 2019 (Qld) and were subject to both substantive and procedural obligations under section 58.

The applicant sought a stay of a decision from the Commissioner for Liquor and Gaming Regulation to approve a commercial hotel licence application of MFB Properties (NQ) Pty Ltd for a premises at Palm Cove. The Human Rights Act 2019 (Qld) was mentioned by the Tribunal, acknowledging that they have taken into account the potential human rights impacted in their decision.

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.

Waratah Coal Pty Ltd (Waratah) sought a mining lease and authorisation to mine thermal coal in Queensland’s Galilee Basin. This hearing concerned an application for an order to take evidence from First Nations witnesses on country. The Court balanced the cultural rights of Aboriginal and Torres Strait Islander peoples under section 28 of the Human Rights Act 2019 (Qld) against the public and private interests of minimising the inconvenience and cost of litigation. The Court held that refusing the application for on country evidence was not reasonable and demonstrably justifiable in the circumstances of the case.

The respondents presented objections to Waratah’s application for a mining lease and an environmental authority to build a coal mine in the Galilee Basin. They relied on sections of the Human Rights Act 2019 (Qld) in their objections. These objections were referred to the Land Court.

Human Rights Act 2019 (Qld) raised by first co-respondent by election but not considered by the court.