Wildlife Whitsunday Case

This case study provides an example of litigation in the Federal Court of Australia concerning greenhouse gas emissions from coal mines in Queensland.

The case involved a judicial review application by a North Queensland conservation group, Wildlife Whitsunday, against two decisions under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) involving two large coal mines.

A summary of the case and the need for law reform that is evidenced by it is available here.

A summary of the case and its implications by Allens Arthur Robinson (solicitors for one of the coal mines in the case) is also available here.

Key documents in the case are:

  • The decision-maker's affidavit explaining his reasoning for why the mines' greenhouse gas emissions did not trigger the EPBC Act.

Page photos: Newcrest Coal Mine, Qld, and Stanwell Power Station, Qld. Source: Qld EPA, 1999.