Queensland Land Court approves proposed $1b coal mine

One of Australia's largest proposed greenfield coal projects has been given the green light to continue planning after a ruling in Queensland's land court.Whitehaven Coal's $1 billion Winchester South coalmine in the is expected to produce 17 million tonnes of coal a year.The project, which is still subject to final approvals by the state and federal governments, would extract mostly metallurgical coal, used to make steel and thermal coal.The proposal has been on hold while the Land Court of Queensland heard an application from the Australian Conservation Foundation (ACF) and Mackay Conservation Group (MCG).The court's decision handed down on Friday after a seven-week hearing.The two groups objected to the open-cut mine because of the potential environmental impacts, climate change and demand for coal into the future.Whitehaven argued the mine's emissions "would be only a tiny amount within overall global carbon emissions". ACF and MCG said it would influence climate change, according to the judgment.The open-cut mine, 30 kilometres south-east of Moranbah, would produce mostly metallurgical coal, used to make steel. (Supplied: Whitehaven Coal)The court was told burning the coal from the project would cause an increase of 0.0003 degrees Celsius of warming, and that the total emissions over the life of the mine would be 557,246,614 tonnes of CO2 equivalent.In his judgement, Judge Nicholas Loos said the amount of CO2 created was "an extraordinary amount", agreeing that ACF and MCG "advance an eloquent and powerful argument about the frightening consequences of the human driven warming of the planet"."The proposed mine is going to contribute to those frightening consequences," Judge Loos said."But those consequences are going to eventuate with or without this mine … [and] there may be hundred or even thousands of projects proposed, around the world, that will each have the consequence of a 0.0003 Celsius temperate increase."This is the wicked problem of addressing climate change. It can only be meaningfully met by cumulative action."The mining company said that regardless of future demand for electricity sources, "it should be entitled to carry the risk of future viability" by operating its mine.Judge Loos said he was unable to agree with ACF and MCG's argument that the project should be refused on their three primary grounds of objection.The Winchester South project is expected to provide 500 jobs during construction and operation, according to the mining company.Mackay Conservation Group argued the Winchester South mine would consume valuable grazing land. (Supplied: Mackay Conservation Group)Judge Loos said the creation of jobs and economic activity for the Isaac region would also be another "key benefit".He said the local environmental impacts would be serious, but found that Whitehaven's comprehensive plan to manage those impacts was acceptable.He found that the mine's $696 million in royalties over its life — according to Deloitte calculations — was an "upside" to granting the mineMCG coordinator Imogen Lindenberg said the groups were considering "their next move" following the court's decision."While this decision hurts, this case has achieved so much," Ms Lindenberg said."It put the climate impacts of new coal mines under intense legal scrutiny, it forced Whitehaven to answer serious questions in court, and it strengthened the legal arguments around climate harm, community impacts and future risk."And it showed, clearly and publicly, that communities in central Queensland are willing to stand up and challenge powerful fossil fuel companies."What's next for Whitehaven?Following the court's ruling, the Queensland government will now to decide whether the project proceeds.If successful, the total mine life would be 35 years, with 28 years of coal extraction and export.Judge Loos said the project had been "carefully examined" before coming before the Land Court, having already been recommended to proceed by the state's coordinator-general in 2023, subject to conditions and recommendations, following an assessment of its Environment Impact Statement.The Queensland Department of Environment, Science and Innovation then approved the mine's Environmental Authority (EA) application in 2024.But before the mine can begin operating an EA and mining lease will need to be issued from the state government before the federal government makes the final decision.