ENVIRONMENTALISTS are cheering a Federal Court coal mine decision in which the judge declared the federal government had a duty of care to avoid injury or death to children from atmospheric carbon dioxide emissions.
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The case concerns plans by listed coal miner Whitehaven to reopen its Vickery mine at Gunnedah in NSW's north east, which was previously run by Rio Tinto and which was approved at state level.
Whitehaven declined to comment on this morning's decision, in a case brought by eight school children.
Although Justice Mordecai Bromberg ordered that the proceedings not continue, he ordered the federal Environment Minister Sussan Ley to pay the applicants' costs.
Justice Bromberg also headlined his decision with the declaration, which read: "The court declares that "the first respondent has a duty to take reasonable care, in the exercise of her powers under s 130 and s 133 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) in respect of referral EPBC No. 2016/7649, to avoid causing personal injury or death to persons who were under 18 years of age and ordinarily resident in Australia at the time of the commencement of this proceeding arising from emissions of carbon dioxide into the Earths atmosphere".
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Lock The Gate Alliance spokesperson Georgina Woods said: "There is no moral, legal or rational way now that Sussan Ley can approve this project.
"To do so would add momentum to catastrophic climate change which will harm every Australian child living today.
"To have this duty of care clearly articulated and now enshrined in Australian law clarifies once and for all where duty lies.
"There is no argument in favour of a coal mining project that can override the lives and wellbeing of Australian children.
The Climate Media Centre said today's verdict followed an initial decision in the case, Sharma v Minister for the Environment, on May 27, when Justice Bromberg found that carbon emissions released from mining and burning fossil fuels would exacerbate climate change causing personal injury and death to Australian children.
The climate centre said today's ruling "entrenches the duty of care into Australian law".
It said it was now incumbent on the minister to decide how to proceed with the approval process.
At the time of the May 27 decision, Whitehaven said it believed the case had no merit.
This afternoon, a spokesperson for Ms Ley said "the Morrison government will review the judgment closely and assess all available options".
The Newcastle Herald is seeking comment from coal industry representatives.
Ian Kirkwood
Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.
Reporting journalist at the Newcastle Herald since 1987. Editorial writer, general reporter, industrial relations, industry and coal.
