Coal export terminal at Abbot Point to progress after unsuccessful challenge to the Environmental Authority

In brief

The Whitsunday Residents Group challenged the lawfulness of the decision by the Environment Department to give an environmental authority to Adani for prescribed environmental activities for a proposed coal terminal at the Port of Abbot Point. The application for judicial review was based on a number of matters, most relevantly that the decision was an improper exercise of power as a result of a perceived failure of the Environment Department to consider the applicable statutory requirements in an assessment report, particularly where this report was dated after the date of the decision to approve the environmental authority. The Supreme Court relevantly determined that there was no legal error in the Environment Department's decision and that the Environment Department's decision to grant Adani's environmental authority should be upheld.