First Nations-led activist group Youth Verdict have won a landmark case in their challenge against Waratah Coal's proposal for the largest coal mine in Queensland.
Waratah Coal, owned by Clive Palmer, had proposed the mine to be in the Galilee Basin in Central Queensland and they were challenged by Youth Verdict on human, climate and environmental rights.
Youth Verdict, alongside The Bimblebox Alliance, challenged the proposal in Queensland Land Court where President Fleur Kingham recommended the application should be rejected by the resources and environment ministers.
"I have found that several human rights would be limited by the project, the right to life, cultural rights, the rights of children, the rights to enjoy human rights equally…I have decided the limit is not demonstrably justified" Ms Kingham said.
"Wherever the coal is burnt it will contribute to environmental harm, including in Queensland."
"I would like to acknowledge the First Nations witnesses, your hospitality and generosity in sharing knowledge with me."
Justice Kingham recognised that the mine's impact on climate change would infringe on "the right to life, the cultural rights of First Nations peoples, the rights of children, the right to property and to privacy and home, and the right to enjoy human rights equally,"
She found the economic benefits did not outweigh the costs of climate change to the people of Queensland.
Murruwah Johnson from Youth Verdict commented on the victory.
"We are overjoyed."
He continued "The voices of First Nations Queenslanders have been heard. A court has recognised the human and cultural rights of First Nations peoples are impacted by climate change and has recommended that this mine not be approved."
Paola Cassoni of The Bimblebox Alliance echoed this sentiment as she described the victory as a "landmark win for nature".
"Today is a huge sigh of relief for us after the 15 years' nightmare of fighting this project. Hopefully we can now go back, with the help of our volunteers, to fully concentrate on looking after Bimblebox."
EDO (Environmental Defenders Offices) Lawyers managing lawyer Sean Ryan, who represented Youth Verdict and The Bimblebox Alliance, said the issue now falls to the Queensland Government to decide on Waratah's mining lease.
"We urge the relevant ministers to act swiftly and in accordance with the court's findings."
Ministers for Resources and Environment, Scott Stewart and Meaghan Scanlon respectively, are those who hold power in determining the future of Waratah's lease application.
Youth Verdict's comments on the verdict called for further support in their fight.
"After today's historic win, we're committed to growing, strengthening and continuing this fight with First Nations justice at its core. Support us to take the fight to the next level"
Calling for further fundraising they said "On 25 November, 2022, we beat a billionaire, we need your support to take this fight to the next level. With your support, we will work to ensure government upholds the decision of the court and keeps Clive's coal out of Queensland".
The Queensland Government have not yet commented on the result.
