A Queensland court has found Clive Palmer’s proposed Waratah Coal Project should be rejected after a historic legal challenge by Youth Verdict and The Bimblebox Alliance.
Represented by the Environmental Defenders Office, Youth Verdict and The Bimblebox Alliance argued coal from the mine would impact the human rights of First Nations Peoples by contributing to dangerous climate change.
They also argued the mine would destroy the Bimblebox Nature Refuge, which sits on top of the proposed mine site on Wangan and Jagalingou Country.
In May, the court travelled to Erub (Darnley) Island and Poruma (Coconut) Island in the Torres Strait to hear first-hand how climate change is negatively impacting communities and eroding their ability to practise culture — legally protected by cultural and human rights. It is the first time an Australian court has heard evidence on-Country against a coal mine and according to First Nations protocols.
Today, President Fleur Kingham of the Queensland Land Court recommended Waratah Coal’s application for a mining lease and environmental approval for the project should be rejected by the Queensland Government.
In delivering her decision, President Kingham recommended the Mining Lease and Environmental Approval should be refused on environmental, climate and human rights grounds.
The President relied on the human rights grounds for both the Bimblebox Nature Refuge, including the property rights of the Bimblebox Refuge landholders, and the cultural rights of First Nations peoples impacted by climate change to make her landmark decision.
“The mine risks unacceptable climate impacts to Queensland people and property,” she said.
Youth Verdict First Nations Lead and Co-director Murrawah Johnson said: “We are overjoyed. The voices of First Nations Queenslanders have been heard. A court has recognised the human and cultural rights of First Nations peoples are impacted by climate change and has recommended that this mine not be approved.
“As a Wirdi woman, I am proud that this case was able to raise the bar for the respect given to First Nations knowledge and customs in the western courtroom. We are excited that we were able to use the Human Rights Act to advocate for changes to Land Court process based on cultural rights grounds.
“First Nations peoples must have decision-making power over our Country, our lives and our futures. By continuing to fight for First Nations cultural rights, we’re fighting for a safe and healthy climate for us all.
EDO Managing lawyer Sean Ryan said the case has set a new standard for how First Nations communities can object to fossil fuel proposals that threaten their cultures and ways of life.
“This is a great day for nature conservation and our climate.
“It’s also a hugely significant legal victory for First Nations peoples seeking to protect their cultures and communities from the impacts of climate change. Fossil fuel companies and their financiers across Queensland should now look closely at today’s outcome and consider whether or not their proposals are compatible with human rights.
“At over 2 billion tonnes of carbon emissions, this mine would have had a significant impact. It’s possible to have a safe climate without this coal mine – but we can’t have one with it.”
“The final decision on whether or not to grant Waratah’s mining lease and environmental approval falls to the Queensland Resources Minister and the Environment Department. We urge the government to act swiftly and in accordance with the court’s findings.”