Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd

Oakey Coal Action Alliance Inc (the Coalition) appealed to the Supreme Court of Queensland against a decision of the Land Court, which had referred applications for mining leases and an amendment to an environmental authority to expand a mine owned by New Acland Coal Pty Ltd (Acland) to the Land Court. Acland cross-appealed against the primary judge's conclusion that it had waived its right to complain of apprehended bias in the hearing of the Land Court. The primary issues for the court were whether the Member's reasons for the recommendations raised a fresh apprehension of bias and whether the Land Court had jurisdiction to consider the impact of the proposed mining operation on groundwater.

The court found that the Member's reasons did not raise a fresh apprehension of bias. The Coalition had elected to waive its right to make an application for the Member to disqualify himself following the 2 February 2017 hearing. The court found that the Member's reasons did not "re-enliven" that apprehension. The court found that the primary judge was correct to conclude that Acland had waived its right to complain of apprehended bias. The court found that the primary judge was correct to conclude that the Land Court did not have jurisdiction to consider the impacts upon groundwater. The statutory regime had been amended following Acland's application for judicial review so as to include interferences with groundwater as a relevant consideration under referrals to the Land Court from the Mineral Resources Act and Environmental Protection Act.

The court dismissed the appeal and cross-appeal and upheld the decision of the Land Court.