By Sarah Persijn,Partner and Olivia Williamson
A Queensland Land Court decision handed down last week confirms
that the issue of climate change, while clearly a matter of general
public interest, is only one of a number of matters that the Court
must weigh up in considering whether the public right and interest
will be prejudiced by a project.
The judgment, in the case of Xstrata Coal Queensland Pty Ltd
& Ors v Friends of the Earth – Brisbane Co-Op Ltd
& Ors, and Department of Environment and Resource Management
[2012] QLC 013, was handed down on 27 March 2012.
Here, partner Sarah Persijn and associate Olivia Williamson
discuss the objections to Xstrata's project that were raised by
Friends of the Earth on climate change grounds, and outline the
Court's determination about the significance of these grounds
in determining whether mining leases and environmental authorities
should be granted.
