Environmentalist move to block Lave Vermont mine coal expansion over ‘human rights’

Environmentalists will use the argument of human rights in a legal bid to block the expansion of a coal mine in central Queensland.

The Queensland Conservation Council has launched a legal bid against the Lake Vermont coal mine expansion.

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Environmentalists will use the argument of human rights in a legal bid to block the expansion of a coal mine in central Queensland.

The Queensland Conservation Council lodged an application against the expansion the Jellinbah Group’s Lake Vermont Coal Mine in the Bowen Basin on Monday, over concerns regarding the site’s environmental and climate impacts.

The group will be represented by environmental firm Nixon Law, who will be using the precedent of the Queensland Land Court’s 2022 decision to refuse the billionaire Clive Palmer’s Waratah Coal’s Galilee mine on human rights' grounds.

QCC director Dave Copeman said the group was committing to at least 18 months of legal action, and would shoulder the associated costs as there “is no other option” to slow plans.

“This is an important step for us to make sure that in the democratic process there is a real consideration of human rights and the climate impacts as part of these coal mine approvals,” Mr Copeman said outside of the Brisbane Land Court on Monday.

“If (the mine expansion) were to go ahead, it would release millions of tonnes of carbon dioxide and also have significant impact on nature and communities who are at the front line of this coal expansion.”

Mr Copeman said Jellinbah’s Environmental Impact Statement outlined that the expansion would produce at least 348m tonnes of greenhouse gas emissions on top of the 462m tonnes already being produced by the existing operation. Koala and greater glider habitat would also be impacted by land clearing. 

Director of Queensland Conservation Council Dave Copeman. Picture: Lachie Millard

Ninox Law special counsel Alison Rose said it would now be up to the court to decide whether the expansion was “environmentally, economically and socially” acceptable and whether it impeded human rights.

“There has already been significant evidence that no new coal mine is needed now, or ever, if we are to limit global warming to under two degrees, in line with the Paris Climate Agreement goals for temperature increases and also the National safeguard mechanisms.”

The Lake Vermont Meadowbrook mine project has already approved Jellinbah’s application to amend its environmental authority for an expansion. It is aware of two objections that have been formerly made to the Department of Natural Resources.

In a statement, the group confirmed it would fight the legal challenge.

“The high-quality metallurgical coal produced from the project will continue to be used for steelmaking that will enable, among other things, the infrastructure required to transition to a renewable future,” the statement read.

“The mine extension will provide direct ongoing employment for hundreds of people annually within the mining industry during operations and royalties of hundreds of millions of dollars to Queensland over the lifespan of the mine.”

The Queensland government declined to comment on the specifics of the legal action against Jellinbah. Premier David Crisafulli said mining industry must operate within high environmental standards.

“The mining industry is important to us economically, but also who we are as a state and we can’t walk away from that,” Mr Crisafulli said.

“We are absolutely open for business when it comes to the mining industry and I want people who are looking to invest in resources to know that equally, we have a strong view about the need to protect the environment. That will always be the balance that we strike.”

In 2022, the state’s Land Court recommended Waratah’s thermal coal mine be refused after a protracted three-year court battle. The operation, which was projected to produce 40m tonnes of coal annually, was found to have “risks unacceptable climate change impacts”. An appeal of the decision was abandoned.

Legal action against the New Hope Group’s New Acland mine, in the Darling Downs, was dropped in January, ending 18-years of delays and uncertainty at the site.

In the last week, the state Liberal National government announced it would open nine new sites in central and western Queensland for gas exploration, while also boosting the state's protected areas by 9000ha.