Federal Court of Australia
Federal Court of Australia
Environment Council of Central Queensland Inc v Minister for the Environment and Water [2024] FCAFC 56 Appeals from: Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2023] FCA 1208 Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 3) [2023] FCA 1532
File numbers: VID 885 of 2023 VID 886 of 2023
Judgment of: MORTIMER CJ, COLVIN AND HORAN JJ
Date of judgment: 16 May 2024
Catchwords: ENVIRONMENTAL LAW – appeal – s 78(1)(a) Environment Protection and Biodiversity Conservation Act 1999 (Cth) – extended operation of two existing coal mines – appellant claimed effects of climate change should result in greater controlling provisions – challenges to Minister's reasoning about future global emissions levels and impact from extended operation of the two mines – Minister's findings allegedly affected by irrationality – each ground of appeal dismissed
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 12, 15A, 15B, 15C, 16, 17B, 18, 18A, 20, 20A, 23, 24A, 24B, 24C, 24D, 24E, 75, 78(1)(a), 78A, 78C, 82, 527E Evidence Act 1995 (Cth) s 57 Judiciary Act 1903 (Cth) s 39B
Cases cited: Anvil Hill Project Watch Association Inc v Minister for the Environment and Water Resources [2007] FCA 1480; 243 ALR 784 Anvil Hill Project Watch Association Inc v Minister for the Environment and Water Resources [2008] FCAFC 3; 166 FCR 54 Australian Conservation Foundation Inc v Minister for the Environment [2016] FCA 1042; 251 FCR 308 Australian Conservation Foundation Inc v Minister for the Environment and Energy [2017] FCAFC 134; 251 FCR 359 Minister for Environment and Heritage v Queensland Conservation Council Inc [2004] FCAFC 190; 139 FCR 24 Tarkine National Coalition Inc v Minister for the Environment [2015] FCAFC 89; 233 FCR 254 Verein KlimaSeniorinnen Schweiz v Switzerland (European Court of Human Rights, Grand Chamber, Application No 53600/20, 9 April 2024
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