A Queensland Land Court hearing kicked off today in the battle by the Australian Conservation Foundation and Mackay Conservation Group to stop the $1 billion Winchester South coal project.

Represented in court by the Environmental Defenders Office, they will argue the court should recommend no mining lease or environmental authority be granted for the Whitehaven project due to its significant environmental and human rights impacts.  

The EDO said this would be only the second climate case in Australia to rely on a Human Rights Act argument to protect the rights of current and future generations.

Whitehaven said it would vigorously defend the proceedings in the Queensland Land Court.

“The Winchester South project will deliver significant benefits for the people of Queensland and for our international trading partners who rely on Australia’s high-quality metallurgical coal, which is essential for steel production,” a company spokesman said.

“This is particularly important in Asia where demand is forecast to continue to grow for decades to come.”

He said the Queensland Government’s decision early last year to approve the Winchester South Draft Environmental Authority followed extensive assessment and consultation, including consideration of climate-related factors.

“As part of Winchester South’s comprehensive assessment process, Whitehaven carefully studied potential impacts and incorporated feedback from a wide range of stakeholders,” he said.

“The final design and the project’s Environmental Impact Statement were thoroughly reviewed, and our approach was endorsed by the Queensland Government through its approval of the Winchester South Draft Environmental Authority.

“Whitehaven was also pleased to become one of the first proponents to submit a Greenhouse Gas Management and Abatement plan, which outlines proposed measures to minimise and avoid Scope 1 and 2 emissions.”

Located 30km south-east of Moranbah, the planned coal mine will produce up to 17 million tonnes per annum of run-of-mine (ROM) material.

The Whitehaven Coal development is expected to support 500 jobs in construction and 500 when operational.

Its opponents argue the mine will generate at least 583 million tonnes of climate pollution over its 28-year-life, destroy at least 2000ha of wildlife habitat and take large quantities of water from the Isaac floodplain and groundwater aquifers. 

Related: Land court rules against Galilee coal mine

“If it goes ahead as planned, over its lifetime Whitehaven’s Winchester South mine would produce more climate pollution than every source in Australia does in a year,” ACF legal counsel Adam Beeson said.

“Although the Winchester coal would be burnt overseas, it would supercharge bushfires, heatwaves, coral bleaching and other extreme weather events here at home. 

“Approving a mine to produce coal that will be burnt beyond 2050 is completely reckless when the world needs to cut emissions quickly.” 

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