Students win landmark case against Environment Minister
Situated in north-west New South Wales, Whitehaven Vickery coal mine requested approval for a 25 per cent increase in coal extraction and a 776-hectare extension in landmass. This was estimated to create up to 450 new jobs
BY PHILIPPA SALMON
Eight Australian teenagers have won a landmark class action lawsuit against the extension of Whitehaven’s Vickery Coal mine.
The students launched a class action in September last year to stop the Federal Environment Minister Sussan Ley from approving the extension.
The Australian Federal Court held in July that the Environment Minister “has a duty to take reasonable care to avoid causing personal injury to the Children” when deciding whether to approve projects such as the Vickery Coal mine extension.
Situated in north-west New South Wales, Whitehaven Vickery coal mine requested approval for a 25 per cent increase in coal extraction and a 776-hectare extension in landmass. This was estimated to create up to 450 new jobs.
However, 100 million tonnes of greenhouse gases were predicted to be released over the first 25 years of operation.
David Barnden from Equity Generation Lawyers represented the group throughout the case, and is thrilled the duty was recognised.
“It is important that the law continues to develop in order to keep up with the harms in modern times,” Mr Barnden said.
“This is a really significant decision. However, the action isn’t over as the practical implications haven’t been finalised yet,” he said.
The judgment did not prevent the approval of the Vickery Coal Mine extension.
According to Whitehaven Coal, “this legal claim was without merit”.
“[There is] a continuing role for high quality coal in contributing to global CO2 emissions reduction efforts.”
The outcome has prompted a court discussion process to determine what the duty means for the Minister’s decision and the future of the mine.
This initiative is one of many youth-led responses to climate and environmental issues.
Sixteen-year-old student from Castlemaine Harriet O’Shea Carre is heavily involved in the School Strike 4 Climate movement.
“I first became interested in climate activism in September 2018, when I was in year eight,” Ms O’Shea Carre said.
“I’ve always been interested in human rights issues. However, climate change was never a particular interest until more recently,” she said.
“As someone in a position of power, where I have the opportunity to safely protest without major implications on other facets of my life, it’s my responsibility to help protect our planet.”
On July 9, the Federal Environment Minister announced the Government’s intention to appeal the judgment.
The court is now set to determine the future of the mine.
