Case note: New Acland Coal Pty Ltd v Ashman and Chief Executive, Department of Environment and Heritage Protection (No 4)

摘要

In New Acland Coal Pty Ltd v Ashman and Chief Executive, Department of Environment and Heritage Protection (No 4) (New Acland), the Queensland Land Court considered an application for mining leases and an application to amend an environmental authority and objections to those applications. The case ran for 99 days, which was the longest hearing in the 120-year history of the Land Court.The Land Court hears cases on their merits. However, the role of the court in matters such as in New Acland is not to make a final determination but rather to make recommendations with respect to the applications for mining leases, and in relation to the environmental authority, as to whether they should be approved or refused. The government then makes those decisions.