High Court

The 98 per cent problem: High Court finds coal mine approval invalid over scope 3 emissions

In a 3:2 decision, the High Court has upheld a community group's challenge to the approval of the Mount Pleasant coal mine expansion in the Upper Hunter. The majority found that the Independent Planning Commission failed to consider whether to impose conditions to minimise the project's scope 3 emissions, which make up 98 per cent of its total emissions.

All five justices rejected the Court of Appeal's view that the EPA Act is centrally concerned with impacts "in the locality". We explain both findings and what they mean for resource projects and consent authorities.

Compensation for Extinguishment of Native Title Rights

On 13 March 2019, the High Court of Australia handed down its decision in Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7.

Two key issues considered in the case were (at [2]):

  1. “how the objective economic value of the affected native title rights and interests is to be ascertained”; and

  2. “how the Claim Group's sense of loss of traditional attachment to the land or connection to country is to be reflected in the award of compensation”.

Tasmanian "Protection from Protestors" legislation - Key parts struck down by High Court - Implied freedom of political communication - Implications for NSW

Brown v Tasmania [2017] HCA 43

On 23 October 2017, a majority of the High Court of Australia ruled that key provisions of the Workplaces (Protection from Protesters) Act 2014 (Tas) (Protesters Act) impermissibly burden the implied freedom of political communication arising under the Constitution.