Key Points:
Queensland's Land Court has clarified the relevance
of greenhouse gas emissions to mining lease and environmental
authority applications, but created uncertainty about restricted
land.
The recent decision of the Land Court of Queensland regarding
objections to the Xstrata Wandoan coal project has clarified the
Court's position on the relevance of greenhouse gas emissions
to mining lease and environmental authority applications and the
interaction of key legislation, however, it has also created
uncertainty for future projects in respect of restricted land.
The Court also found that it had power to impose conditions on
environmental authorities requiring the miner and the landowner to
enter into make-good agreements relating to impacts of mining on
the availability and quality of groundwater supply. This latter
point will be discussed in a subsequent article on make good
agreements generally but most likely means that the parties would
have to proceed
