The court's decision, handed down after a seven-week hearing, found that the mine's local environmental impacts could be managed and that the economic benefits, including 500 jobs and $696 million in royalties, outweighed the objections. Judge Nicholas Loos acknowledged the mine would emit 557 million tonnes of CO2 over its life, calling it “an extraordinary amount,” but said the consequences of climate change would occur with or without this project.
“This is the wicked problem of addressing climate change,” Judge Loos said. “It can only be meaningfully met by cumulative action.”
The Australian Conservation Foundation and Mackay Conservation Group objected to the open-cut mine because of its potential environmental impacts, climate change and future demand for coal. According to the judgment, they said it would influence climate change. Whitehaven Coal argued the mine’s emissions would be “only a tiny amount within overall global carbon emissions”.
“The proposed mine is going to contribute to those frightening consequences,” Judge Loos said, but he was unable to agree with the groups’ argument that the project should be refused on their three primary grounds of objection.
The Winchester South mine, located 30 kilometres south-east of Moranbah, is expected to produce 17 million tonnes of coal a year, mostly metallurgical coal used to make steel and thermal coal. If successful, it would have a 35-year mine life, with 28 years of coal extraction and export.
Next steps: The Queensland government will now decide whether the project proceeds. Before the mine can begin operating, an environmental authority and mining lease must be issued by the state, before the federal government makes the final decision.
MCG coordinator Imogen Lindenberg said the groups were considering their next move. “While this decision hurts, this case has achieved so much,” she said. “It put the climate impacts of new coal mines under intense legal scrutiny… and it showed that communities in central Queensland are willing to stand up and challenge powerful fossil fuel companies.”
The project had been recommended to proceed by the state’s coordinator-general in 2023, subject to conditions and recommendations, and the Queensland Department of Environment, Science and Innovation approved its Environmental Authority application in 2024.