Whitehaven Coal tries to block Australian Conservation Foundation’s expert report in land court

A land court battle to stop a $1bn mega mine from going forward will next decide on whether a doctor’s evidence can be included.

A mining giant tried to block a climate expert from providing evidence in an ongoing land court dispute to stop Queensland’s newest mega mine, saying it would ‘cause chaos’.

A mining giant tried to block a climate expert from providing evidence in an ongoing court dispute to stop Queensland’s newest mega mine, saying it would ‘cause chaos’.

The land court battle between Whitehaven Coal and the Mackay Conservation Group and Australian Conservation Foundation began after the $1bn Winchester South coal mine was approved in 2024, with construction planned to commence in 2026.

Mackay Conservation Group campaigner Imogen Lindenberg said — at the time — there was no amount of money that would restore the damage caused by the mine.

The project, located 30km southwest of Moranbah will produce up to 17m tonnes of coal per year over 30 years, sustain about 500 jobs and contribute $696m in royalties to the state government, according to Whitehaven.

Protests outside 1 William St, Brisbane in May, 2023, concerning the Qld Gov approval of Whitehaven's Winchester Coal South coal mine.

It is also expected to release 600m tonnes of greenhouse gases into the atmosphere.

As part of their case the conservation groups have included “expert evidence” by Dr Setu Pelz, a research scholar with the International Institute for Applied Systems Analysis.

However Whitehaven is objecting to his preparation of a further, supplementary expert report.

The endangered Greater Glider is one of the animals with habitat near Winchester South. Picture: Supplied

Land court judge Nicholas Loos said “this is not the first time that the Court has been asked to resolve a disagreement about how Dr Pelz’s evidence should be prepared.”

Dr Pelz was nominated by the conservation groups to give expert evidence on climate scenarios, with no opposing experts being nominated by Whitehaven.

Whitehaven said Dr Pelz’s additional evidence would “cause chaos”, and that the new report related to coal and energy markets which was already covered by another expert witnesses for the conservation groups.

The mine is expected to release 600 million tonnes of greenhouse gases into the atmosphere.

“It would give rise to the real risk Dr Pelz would ‘second guess’ the outcome of the coal and energy markets joint expert report,” lawyers for Whitehaven said.

They argued by the time other experts responded to the new evidence the hearing would have started and it would be “unfair” for the court to allow the report’s preparation.

Judge Loos ordered Dr Pelz be permitted to submit his report and said the “matters of chaos” could be managed.

“If the Pelz individual report arrives and it is, in truth, a second expert opinion within a single field of expertise … those aspects of it are susceptible to being excluded,” Judge Loos said.

Judge Loos added if the report was delivered and Whitehaven’s experts were unable to respond to in time Whitehaven may bring this to the court’s attention and seek for it to be excluded.

Dr Pelz’s report was ordered to be delivered to Whitehaven and the court by July 31, 2025.

Originally published as Whitehaven Coal tries to block Australian Conservation Foundation’s expert report in land court