An update on ACF’s proceedings in the Queensland Land Court, where we’re trying to stop Whitehaven Coal’s Winchester South coal mine.
You might recall Winchester South is Australia’s largest new proposed coal project. Whitehaven Coal wants to build the mega-mine on a site currently covered with pasture, woodland and grassland in Queensland’s Bowen Basin on Barada Barna Country.
On top of destroying bush to make way for this dirty plant, the mining and burning of the coal from this mine would release pollution equivalent to more than Australia’s annual greenhouse gas pollution.
This case is currently with the Queensland Land Court. Thanks to the generous support of people like you making this possible, ACF will argue the Court should recommend no mining lease or environmental authority be granted for the Winchester South project – due to its significant environmental and human rights impacts.
Whitehaven’s lawyers sent us a long list of questions about why we were taking them to court (called a request for ‘Furthers and Better Particulars’).
Last week, ACF responded. Here are our key arguments:
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It will intensify climate change: the mine should be refused due to the unacceptable impacts of the climate pollution that it will produce, exacerbating dangerous climate change and contrary to emissions reductions efforts in Queensland, Australia and globally. The climate impacts will have implications for Queensland’s environment, including the Great Barrier Reef and threatened species.
The mine will dig up to 17 million tonnes of thermal and metallurgical coal each year for 28 years, generating at least 583 million tonnes of climate pollution – more than the entire annual emissions of Australia.
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Unacceptable methane emission impacts to climate change: methane has over 100 times the global warming impact of carbon dioxide when it’s released – and if the Winchester South project is approved, it could become one of Australia’s biggest open cut methane emitters, being located in one of the world’s gassiest basins.
Whitehaven does not have a credible plan to abate methane emissions, nor do the draft environmental authority conditions require specific mitigation or monitoring and reporting measures to be put in place for methane emissions.
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Poor economics: the economics assessment is inadequate, and it is likely the mine will become what’s called an “unviable stranded asset”, meaning that the demand for the coal Whitehaven is wanting to mine is facing permanent decline. The economics assessment also does not consider the cost of complying with the Safeguard Mechanism.
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Ecological destruction: In addition to the climate impacts this mine will cause, through the mine’s development of six large mine pits, the mine would destroy at least 2,000 hectares of threatened wildlife habitat, including for the koala (destroying 242 football fields of koala habitat), greater glider, Australian painted snipe, the ornamental snake and the squatter pigeon.
The mine will impact aquatic ecology due to the diversion and loss of approximately 16km of channels of several ephemeral creeks. Whitehaven proposes to leave large voids unfilled and converted into pit lakes with inadequate assessment of likely water quality and the risk of contamination.
- And lastly, Whitehaven is not a suitable operator based on their past environmental record: Whitehaven’s executive officers and related companies have been subject to numerous serious enforcement penalties for breaching environmental conditions on other mines. They should not be trusted to operate this coal mine without damaging Queensland’s environment and jeopardising human health and safety.
So what comes next?
Now that our key arguments for why this mine should be refused are finalised, the focus turns to compiling the evidence to support the case.
Next month, and in September, ACF will tell the Court which witnesses will be called and provide statements from those witnesses. I look forward to keeping you updated on the progress in the coming months.
It’s ludicrous that new coal mines like this could be approved in 2024 – but without ACF’s challenge (alongside our friends in the Mackay Conservation Group), that is likely what would have happened. Due to our weak and broken environment laws, we can’t count on the Federal Environment Minister to reject applications for coal mines.
It's thanks to our generous community that can take on big polluters like Whitehaven Coal in court, and fight to protect nature from climate-wrecking coal.
To help stop Whitehaven’s proposed mega mine, we need people like you with us. If you haven’t already, please consider making a gift to help us win in court and stop this climate bomb.
