What you need to know
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The High Court has refused to hear an appeal concerning the significance of climate change for environmental approvals of large-scale mining projects.
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The case indicates approval by the High Court of the way in which the Land Court of Queensland currently evaluates environmental objections to mining activities.
Today the High Court refused special leave to hear an appeal concerning the manner in which climate change is to be considered in the context of environmental approvals of mining projects in Queensland.
This is the first time climate change has come before the High Court in a mining context.
The case (Coast and Country Association of Queensland Inc v Smith & Ors) concerned the Alpha Coal Project in the Galilee Basin in central Queensland.
In 2013, the Coast and Country Association of Queensland Inc objected to the grant of an environmental authority for the Alpha Coal Project on multiple grounds. One ground was that the Project would increase the likelihood of environmental harm caused by climate change resulting from greenhouse gas emissions from the mine site, and from the burning overseas of coal extracted from the mine (so-called "Scope 3 emissions").
The Land Court heard the objections and followed one of its previous decisions in holding that it was beyond its jurisdiction to consider Scope 3 emissions. However, the Court went on to find that, even if Scope 3 emissions were taken into account, the Project would not increase the likelihood of environmental harm caused by climate change.
Challenges to the Land Court's decision by the CCAQ were dismissed by the Supreme Court of Queensland at first instance and on appeal. The CCAQ sought special leave to appeal to the High Court.
The High Court rejected CCAQ's application for special leave on the basis this case was not an appropriate vehicle to consider CCAQ's contention that the Land Court had misunderstood its jurisdiction regarding consideration of Scope 3 emissions.
The case confirms the orthodox approach of the Land Court in considering environmental objections to mining projects in Queensland.
Authors: John Briggs, Partner and Josh Underwood, Lawyer
