decision

Coast and Country Association of Queensland Inc. v. Smith - decision

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Litigation

Sabin

Sabin Litigation

Filing Year For Action

New coal mines in Queensland, Australia may only receive permits after completion of a review pursuant to the Mineral Resources Act 1989 (Qld) and of an environmental impact assessment (EIS) pursuant to the Environmental Protection Act 1994 (Qld). By refusing to review the Queensland Supreme Court’s decision in Coast and Country Association of Queensland Inc v. Smith, the High Court of Australia effectively resolved a question about this review process, namely how to interpret the emissions of coal burned by the end-user of Australian coal. Environmentalists have long argued that even though coal emissions are remote from the mine, they should be considered in EIAs because they are a foreseeable result of mining and would not necessarily occur if the coal were not dug out of an Australian mine. The opposing view holds that coal combustion is physically remote from mining operations, that demand rather than supply drives the market for coal (meaning that mining more Australian coal does not necessarily cause more emissions globally), and that the Environmental Protection Act therefore does not require consideration of coal combustion emissions in EIAs for mines. The Coast and Country decision adopts the latter view.

The High Court has not, by refusing to review the Supreme Court of Queensland's decision, endorsed that court’s reasoning, but it has indicated that it will not take up cases challenging the conclusion in Coast and Country regarding the proper scope of a mine’s EIA. Legally, the basis for that conclusion relates to lower courts' responsibility for determining factual questions, such as the scope of coal mining operations and the nature of the market for coal. Practically, that conclusion means that environmentalists cannot expect to persuade Queensland courts that the Environmental Protection Act 1994 (Qld) requires consideration of whether a new coal mine will increase global greenhouse gas emissions. 

Special leave was refused by the High Court of Australia and the Queensland Court of Appeal. 


Coast and Country Association of Queensland Inc. v. Smith

Climate Change Laws of the World

Find climate change laws, policies, targets and other climate policy data and indicators for {text}, alongside information about their legislative process.

{text} climate laws and policies

The Climate Change Laws of the World database gives you access to national-level climate change legislation and policies from around the world.

Law and Policy Search

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Change Laws of the World database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

This sector involves the wholesale and retail selling of goods.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

Action or measure that increases resilience of societal, cultural and natural heritage to climate change impacts.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

People with different national or cultural traditions from the dominant population

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt terrestrial systems to climate change.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Actions or measures to adapt freshwater systems to climate change.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves activities to move goods and people, alongside the storage of products.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Coast and Country Association of Queensland Inc. v. Smith - decision

Risk

Impacted group

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance