Cement Australia (Exploration) Pty Ltd & Anor v East End Mine Action Group Inc & Anor (No 4)

Cement Australia (Exploration) Pty Ltd and its subsidiary, Cement Australia (Queensland) Pty Ltd, applied to the Queensland Land Court for an extension of their mining lease and to amend their environmental authority. Their application faced objections from the East End Mine Action Group Inc and another party. The objections raised concerns about various environmental impacts, including effects on geology, groundwater, surface water, flooding, noxious weeds, and subsoil moisture. The court was tasked with deciding whether the applications should be approved based on the criteria set out in the Mineral Resources Act 1989 and the Environmental Protection Act 1994.

The court first considered the criteria under s 269(4) of the Mineral Resources Act 1989, which include the development and utilisation of mineral resources, the appropriateness of the surface area, the applicants' capability, and the conformity with land use management. The court found that the applicants met these criteria, concluding that the proposed mining operation would have an acceptable level of development and would not prejudice the public right and interest. The court also considered the environmental criteria under the Environmental Protection Act 1994, including the character, resilience, and values of the receiving environment, best practice environmental management, and the public interest. The court accepted that the applicants had taken adequate measures to avoid, minimise, or mitigate adverse environmental impacts. Furthermore, the court considered the Human Rights Act 2019, finding that the proposed expansion did not prejudice the human right to property and was proportionate to the public interest.

Following its analysis, the court recommended to the Minister for Resources that Mining Lease 80156 be granted over the application area. Additionally, the court recommended to the administering authority that the Environmental Authority EPML 000658113 be issued in terms of the draft amended Environmental Authority without amendment. The court also set out the procedure for any application for a costs order in the matter. The applicants were granted the mining lease extension and the amendment to the environmental authority, subject to the specified conditions and the outlined costs procedure.