New Acland Coal Pty Ltd v Smith (No 2)

The case of New Acland Coal Pty Ltd v Smith (No 2) involved a judicial review of decisions made by the Land Court of Queensland under the Mineral Resources Act 1989 and the Environmental Protection Act 1994. The applicant, New Acland Coal, sought to overturn recommendations made by the Land Court that rejected their mining lease applications and refused an application to amend an environmental authority. The court was required to decide whether the recommendations should be set aside and if the matters should be referred back to the Land Court for further consideration, potentially by a different member.

The court found that while there was no evidence of apprehended bias in the conduct of the Land Court member, subsequent conduct raised concerns that a fair-minded lay observer might apprehend bias. Additionally, the court criticised parts of the reasons given by the Land Court member for the recommendations. Given these findings, the court considered it appropriate in the interests of justice to set aside the recommendation decisions and refer the matters back to the Land Court for further consideration by a different member. The court also exercised its power under the Judicial Review Act 1991 to narrow the scope of the Land Court's further consideration to avoid unnecessary re-litigation or re-examination of issues. The court directed the Land Court to exclude certain issues from consideration and to further consider the issue of noise based on specific directions.

The court further addressed the issue of costs, noting that while New Acland Coal was successful in obtaining an order setting aside the Land Court's recommendations, it was not successful on all grounds of review. The court decided that each party should bear its own costs of the proceedings. The final orders included setting aside the Land Court’s recommendations and the decision of the delegate of the Third Respondent, referring the matters back to the Land Court for further consideration by a different member with specific directions regarding the scope of the further consideration. Each party was ordered to bear its own costs.