Youth Verdict v. Waratah Coal

Summary:

On May 13, 2020, the environmental group Youth Verdict lodged an objection to the proposed Galilee Coal Project in the Queensland Land Court on human rights grounds. The plaintiffs allege that by contributing to climate change, the mine will infringe on their right to life, the protection of children, and the right to culture as protected by the Queensland Human Rights Act. Thus, approval of the mine would be unlawful. The Galilee Coal Project had received federal approval but needed a recommendation that it be approved by the Queensland Land Court before the environmental authority and mining lease could be granted by the Queensland Department of Environment and Science and Minister for Resources, respectively. The recommendations are not finally determinative but must be considered by the Minister for Natural Resources Mines and Energy and by the Chief Executive of the Department of Environment and Science when making a final decision on the mining lease.

On August 28, 2020, the court denied the defendant's motion to dismiss the case. On November 25, 2022, the Queensland Land Court recommended to the Minister for Natural Resources Mines and Energy and the Chief Executive of the Department of Environment and Science that the Mining Lease and Environmental Authority respectively be rejected. In reaching this decision the Court considered factors including climate change, the economic and social benefits and costs and the limitation of human rights associated with the Project. The Court found that the development of the Project would unjustifiably limit the right to life, the protection of children, the right to culture of First Nations People, the right to property, the right of certain groups to enjoy human rights without discrimination, and the right to privacy and home.

At Issue: Australian youth challenged proposed coal mine on human rights grounds.