QLD Conservation Council win appeal

12th October 2007

In a unanimous decision today, the QLD Supreme Court set aside a judgement made in the Land and Resources Tribunal (LRT). QCC had sought to have conditions imposed on a mine operated by xstrata Coal, to avoid, reduce or offset a proportion of its greenhouse gas emissions.

‘The Supreme Court has agreed with QCC that this was an unfair judgement by the LRT,’ said Toby Hutcheon, Coordinator of Queensland Conservation (QCC)

‘The decision led to xstrata Coal being given a licence to expand its coal mine without any conditions to avoid, reduce or offset greenhouse emissions,’ said Hutcheon

‘The Supreme Court decision now paves the way for the case to be re-heard. QCC will be pushing for this matter to be progressed as soon as possible’ said Hutcheon

‘We have lost 7 valuable months in the campaign towards stabilising QLD greenhouse gas emissions,’ said Hutcheon

This case illustrates the flaws in government greenhouse gas reduction policy. Whilst ordinary Queenslanders are being asked (quite rightly) to reduce their carbon footprint, big emitters are free from regulation.

‘Its time for the QLD EPA to impose conditions on all major polluters to regulate their greenhouse gas emissions,’said Hutcheon


For more Information: Toby Hutcheon 3221 0188/0419 664 503

Note: QCC took xstrata Coal to the Land and Resources Tribunal in January 2007, seeking to have conditions imposed on its operating licence. According to assessments, the mine and its coal would produce 84MT of CO2 over a 15 year period.

In handing down its decision the LRT President questioned the IPCC 4th Assessment Report and the views of some of Australia’s leading climate experts, including Prof Ian Lowe

Subsequent to this decision, the EPA approved xstrata’s licence without any of the sought conditions on greenhouse reductions. The QLD Government has a climate strategy aimed at reducing emissions by 60% by 2050.