Judicial Consideration of Intergenerational Equity in Australian Coal Mine Approval Litigation

摘要

Proposals to develop large coal mines are often challenged on the basis of their contribution to climate change. An increasing number of these legal challenges cite the climate-related impacts that these projects will have on future generations. Against this backdrop, this article examines four major coal mine approval cases in which the principle of intergenerational equity has been judicially considered: Gray v Minister for Planning, New Acland v Ashman and Chief Executive, Department of Environment and Heritage Protection (No 4), New Acland v Smith, and Gloucester Resources v Minister for Planning. Although these cases have substantially clarified the role and content of the principle of intergenerational equity, they have also exposed uncertainties and obstacles - especially in Queensland - that will need to be overcome before intergenerational equity can assume a more prominent role in Australian coal mine approval litigation.