Pacific

Ironstone Community Action Group Inc v. NSW Minister for Planning and Duralie Coal Pty Ltd

Ironstone Community Action Group Inc v. NSW Minister for Planning and Duralie Coal Pty Ltd (2011) NSWLEC 195 (10 November 2011)

 

This was an appeal brought by a third party objector (ICAG) against the Minister of Planning’s decision to approve the extension of an existing coal mine. The objections raised in this appeal focused on the impacts of the coal mine extension on biodiversity (especially the threatened Giant Barred Frog), water quality impacts, health impacts from particulate matter, noise pollution, and dust emissions.

 

Australian Conservation Foundation v. Minister for Planning [2004] VCAT 2029

Environmental groups challenged an amendment to the provisions of a local planning scheme that was necessary for the expansion of the Hazelwood coal mine in southeastern Australia. The petitioners claimed that the environment effects statement (EES) should have included analysis of the impacts of carbon emissions when the coal is later burned.

Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd.

Humane Society International Inc. v. Kyodo Senpaku Kaisha Ltd. [2015] FCA 1275 (November 18, 2015)
Federal Court of Australia

In earlier proceedings, the Federal Court of Australia issued injunctions blocking a Japanese whaling company (Kyodo Senpaku Kaisha Ltd.) from killing, injuring, taking, or interfering with any Antarctic minke whale, fin whale, or humpback whale in the Australian Whale Sanctuary unless specifically authorized under the Environment Protection and Biodiversity Conservation Act.  Para. 5. 

Whaling in the Antarctic (Australia v. Japan)

Whaling in the Antarctic (Australia v. Japan: New Zealand Intervening) (March 31, 2014)
International Court of Justice

Australia, with New Zealand intervening as a non-party, asked the ICJ to adjudge and declare Japan in violation of its obligations under the International Convention for the Regulation of Whaling and other international agreements in the authorization and implementation of whaling "special permits" in the Southern Ocean.

Warkworth Mining Ltd. v. Bulga Milbrodale Progress Ass’n Inc.

Warkworth Mining Ltd. v. Bulga Milbrodale Progress Ass’n Inc. [2014] NSWCA 105
New South Wales Court of Appeal

A mining company applied to expand an existing open-cut coal mine, the Warkworth Mine, located in the Hunter Valley of the state of New South Wales.  The company sought to mine areas that had previously been deemed uneconomical due to lower coal prices.  These areas had been designated previously as “non-disturbance” areas under prior authorizations. 

Maniwa v. Malijiwi

Maniwa v. Malijiwi [2014] PGNC 25
National Court of Papua New Guinea

A group of customary landowners sought judicial review of a Special Agriculture and Business Lease (SABL) issued by the Minister for Lands and Physical Planning to an oil palm plantation developer.  The 99-year lease allowed the developer to clear land, harvest and sell logs, and plant oil palm. The landowners alleged that their land had been acquired by the state without proper consent and prior consultation, in violation of the Land Act.    

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