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ARELJ Case Note - Implications of New Provisions in the Human Rights Act Following Waratah Coal Decision

Gavin Scott and Jessica Rusten
Partner, Norton Rose Fulbright, and Senior Associate, Norton Rose Fulbright

Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors [2020] QLC 33

On 28 August 2020, President Kingham of the Land Court of Queensland dismissed an application filed by Waratah Coal Pty Ltd concerning a number of objections which have been lodged against their proposed Galilee Coal Project. This judgment is significant because it demonstrates how the new provisions within the Human Rights Act 2019 might be interpreted in the future. Additionally, the case serves to demonstrate how environmental groups may seek to use the Human Rights Act to object to proposed resources projects. In this Case Note, we set out the background to this decision and analyse what it means for the application of the Human Rights Act.

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