Palmer’s mega mine fails to halt court case on human rights
CLIVE Palmer's Waratah Coal has failed in its legal bid to strike out landmark human rights objections to its massive Galilee Coal Project, intended to be four times the size of Adani's Carmichael coal mine.
The way is now clear for landholders and conservationists, The Bimblebox Alliance and Youth Verdict, to argue in the Queensland Land Court the proposed coal project, 100km from Adani's Carmichael mine, would interfere with human rights now protected under the Queensland Human Rights Act, which came into force in January 2020.
Represented by the Environmental Defenders Office (EDO), these groups argue the mine would impact their human rights by fuelling climate change which puts the futures, lives and cultures of Queenslanders at risk.
Youth Verdict spokesperson Monique Jeffs said as young people, they felt it was their right to object to the impacts of new fossil fuel projects on their human rights.
"We're pleased that Clive Palmer's attempt to stop that has failed," Ms Jeffs said.
"Young people have the right to stand up for a safe and healthy future. New fossil fuel projects must consider the impact to human life, and that includes Clive Palmer's Waratah Coal project."
Local landholder and Bimblebox Nature Refuge co-owner Paola Cassoni said they had cared for this nature refuge for almost 20 years.
"We are delighted that Waratah Coal has failed in its attempt to ignore the Human Rights of our sons and daughters to a safer climate and a natural world in which Australia's iconic species are not driven to extinction," Ms Cassoni said.
EDO principal solicitor Sean Ryan said with this win their clients had cleared a significant legal hurdle, ensuring they could argue before the Queensland Land Court that this mine would limit their human rights by fuelling climate change.
"The Queensland Human Rights Act has survived its first major challenge, one which was brought by a mining company against young Queenslanders and local conservationists fighting for their human rights," Mr Ryan said.
"This decision has upheld the new Human Rights Act against an application which would have limited the application of the law and constrained the ability of charities to take action to protect human rights."