One thing I learned in Brisbane’s Land Court during the Galilee coal cases from 2013 to 2016, is that the Member’s recommendations are based upon the letter of the law, point by point, with little room for nuance or variation on a theme. No matter how noble you consider your cause; how outdated the legislation on which the Court relies; or how devilish the opposition’s counsel. No matter how outraged you are, if the decision doesn’t go the right way, you bite your tongue until emerging from the Magistrates Court into the Queensland sunshine where your screams of frustration will be drowned by traffic on George Street. And camera crews look away, disinterested once they realise you’re not the bikies or the crims they’re waiting for.

I can count on half a hand the number of times I have gathered with fellow environmentalists on the Magistrates Court forecourt and rasped, ‘Yeeeesssss!’ But yesterday was one such day, except I was sitting alone in my living room, confined by Melbourne’s lockdown, and listening to proceedings via the curiously named Chorus Call. (Greek tragedy, anyone?)

Her Honour Judge Kingham, President of the Queensland Land Court, refused Waratah Coal’s application to strike out those sections of The Bimblebox Alliance's* objection to the Galilee Coal Project citing the Queensland Human Rights Act 2019. We argue that climate change caused by burning the coal will impact the human rights of those currently caring for land that would be trashed, and future generations of Australians.

It would be surprising if Waratah did not challenge this decision. Let’s think positive, however. Let’s celebrate that the Human Rights Act has survived its first major challenge, a result that is all the sweeter for the challenge having been mounted by a fossil fuel industry driven by greed and blind to scientific reality.

Generally, I lack confidence in Australia’s legal system to adequately protect this continent’s extraordinary landscape, fauna and flora; and to protect citizens from existential threat. I do believe, however, that Her Honour must have thought exceedingly carefully about the potential impact on a fledging piece of globally significant legislation had she approved Waratah’s strike-out application. To have knocked it back at this first hurdle would have had serious and longterm repercussions.

Her Honour had not completed the reasons for her refusal. She will have done so by next Friday, 4 September, whereupon I will report back.

Landholder Paola Cassoni’s response on hearing of the Land Court’s decision was measured: 'We have cared for this Nature Refuge for almost 20 years, so we are delighted Waratah has failed in its attempt to ignore the rights of our children to a safer climate and a natural world in which Australia's iconic species are not driven to extinction'.

Four thousand holes in Saltbush, Jericho?

* The Bimblebox Alliance and Youth Verdict are co-objectors in the case against Waratah Coal
With thanks to John Lennon for inspiration by A Day in the Life