Young Queenslanders take Clive’s coal company to court, arguing ‘devastating’ consequences of mine

A coalition of young Queenslanders and a conservation group are going up against Clive Palmer’s proposed Galilee Coal Project in court, arguing the mega-mine would be ‘devastating’.

Clive Palmer’s Galilee Coal Project could be the biggest thermal coal mine in Australia and produce almost four times that of the Adani mine, the Queensland Land Court has heard as a landmark climate and human rights challenge kicked off on Tuesday.

Youth Verdict, a coalition of young Queenslanders, and environmental conservation group The BimbleBox Alliance is challenging Waratah Coal in court over the project proposed on the Galilee Basin west of Emerald.

The groups will argue that burning coal from the mine will impact the cultural rights of Aboriginal and Torres Strait Islander people by further contributing to adverse climate change.

It’s the first time a coal mine has been challenged on the grounds of human rights violations in Australia.

Barrister Peter Ambrose, for Waratah Coal, in his opening statement said Waratah’s coal was high-energy producing, meaning less high rate coal needed to be burned to produce the same amount of energy as other coal.

He said coal experts agreed that Waratah Coal had the potential to displace coal that already existed on the market.

“Coal market experts also agree that if the applicant’s coal is not brought to market, coal from other sources will continue to supply the market as long as that market exists,” Mr Ambrose said.

“And it’s that last position that the experts are apart on- how long that market will exist.

“That is in our case, there will be no reduction in greenhouse gas emissions if Waratah Coal is not brought to market.”

Youth Verdict's Murrawah Johnson, Serena Thompson and Monique Jeffs are among a group taking on Clive Palmer's Waratah Coal project in Queensland Land Court. Picture: Felicity Ripper

Mr Ambrose acknowledged that climate change was real and said the world would face the impacts unless action was taken to reduce greenhouse gas emissions.

He said Waratah Coal would take more reasonable measure to reduce its Scope 1 and 2 emissions, and look to “preferably” sell its coal to generators who “look to become” carbon neutral.

Barrister Saul Holt, for Youth Verdict and The BimbleBox Alliance, told the court he understood the proposed mine would contribute more than 2.159 billion tonnes of carbon dioxide into the atmosphere.

“ … easily the largest thermal coal mine operating in Australia from when it starts, and almost four times bigger than Adani is currently proposed to produce,” Mr Holt said.

“The burning of that coal will accrue with other carbon dioxide in the atmosphere and so will cause, necessarily as a matter of physical process, environmental harm …”

Mr Holt argued underground mining through the Bimblebox Nature Refuge would have “devastating” impacts, including the loss of control by current custodians.

He said President Fleur Kingham of the Land Court of Queensland was being asked to unlock carbon dioxide in the earth into the atmosphere, by way of approving the coal mine.

He said the subsequent limitations on rights would include the right to life, cultural rights, and children and young people.

Mr Ambrose argued Waratah Coal’s evidence would show there would be no increase in adverse climate change effects if the coal entered the market.

“It follows, at least in Waratahs case, that there will be no infringement on any Queenslanders' human rights,” he said.

Clive Palmer is behind the mega-mine west of Emerald. Picture: Nigel Hallett

Mr Ambrose argued that changed plans for the mine, to be underground rather than open cut, meant there would be fewer adverse environmental impacts around the Bimblebox Nature Refuge.

The court also heard brief openings from the Department of Environment and Science, and active objector John Brinnand, before Mr Holt began questioning Waratah Coal managing director Nui Harris.

Mr Holt asked Mr Harris if he was familiar with the International Energy Agency’s position regarding whether new coal mines could be approved if they were to reach net zero emissions by 2050.

Mr Harris conceded he didn’t know any details around the agency’s position.

He was also asked if Waratah Coal’s parent company Mineralogy, controlled by Clive Palmer, would create delays by shifting resources from the Galilee project to another, as Mr Harris accepted had previously occurred.

“That’s a business decision isn’t it? That’s his decision,” Mr Harris said.

He said it was beyond his scope why Mr Palmer would have a parent company to Waratah Coal based in Singapore.

Judge Kingham said Mr Harris would continue answering questions on Wednesday and advised him to have a close look at documents his team had tendered to the court.

Outside court, co-director of Youth Verdict and First Nations campaign lead Murrawah Johnson said she was glad to finally have their day in court.

“We trust in our legal team but also our First Nations’ witnesses’ evidence is just amazing and we really hope that the court can see the importance of the cultural aspects that our witnesses put forward in their evidence,” Ms Johnson said.

The hearing is expected to span several weeks and include a range of experts.