Waratah Coal Project rejected by Queensland Land Court

On Friday in Brisbane, Queensland Land Court president Fleur Kingham recommended Waratah Coal's application for a mining lease and environmental approval to allow it to mine thermal coal in the Galilee Basin should be rejected by the state government on environmental, climate and human rights grounds.

"The mine risks unacceptable climate impacts to Queensland people and property," she said.

"This case is about Queensland coal, mined in Queensland, and exported from Queensland to be burnt in power stations to generate electricity. Wherever the coal is burnt the emissions will contribute to environmental harm, including in Queensland."

Represented by law centre Environmental Defenders Office, First Nations and climate justice group Youth Verdict and nature refuge group The Bimblebox Alliance argued coal from the mine would impact the human rights of First Nations people by contributing to dangerous climate change.

They also argued the mine would destroy the Bimblebox Nature Refuge, which sits on top of the proposed mine site.

In May, the court travelled to Darnley Island and Coconut Island in the Torres Strait to hear how climate change is negatively impacting communities.

Youth Verdict co-director Murrawah Johnson said they were "overjoyed" with the outcome.

"As a Wirdi woman, I am proud that this case was able to raise the bar for the respect given to First Nations knowledge and customs in the western courtroom. We are excited that we were able to use the Human Rights Act to advocate for changes to Land Court process based on cultural rights grounds," Ms Johnson said.

Bimblebox Nature Refuge co-owner Paola Cassoni said the decision came as a relief.

"This is a huge sigh of relief for us after the 15 years' nightmare of fighting this mining project. Hopefully we can now go back, with the help of our volunteers, to fully concentrate on looking after Bimblebox," Ms Cassoni said.

EDO managing lawyer Sean Ryan said it was a great day for nature conservation and the climate.

"It's also a hugely significant legal victory for First Nations people seeking to protect their cultures and communities from the impacts of climate change," Mr Ryan said.

"Fossil fuel companies and their financiers across Queensland should now look closely at today's outcome and consider whether or not their proposals are compatible with human rights."

Waratah's mining lease and environmental approval will now be decided by the Queensland resources minister and the environment department.

Waratah Coal has been contacted for comment.

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