Coal seam gas company Blue Energy has agreed to scale back its Bowen Basin gas project by almost 80 per cent following a legal challenge by our client, Environmental Advocacy in Central Queensland (EnvA-CQ).
Blue Energy, through its subsidiary Eureka Petroleum, now plans to develop just one petroleum lease, instead of three, and will reduce the development’s footprint on the landscape from 31,500ha to 7,630ha. The company has also agreed to slash the number of gas wells from 530 to 117.
Blue Energy has also agreed to stronger conditions that will help protect endangered koalas, greater gliders, ornamental snakes, yakka skinks, and other wildlife. Precious water resources will also be better protected. The gas company must now implement a Water Impact Monitoring Assessment Program six months before works start and provide regular water reports.
Our client is very pleased to have secured this agreement with Blue Energy, Eureka Petroleum and the Queensland Government. The case highlights the need for the Department of Environment, Tourism, Science and Innovation to ensure its assessment of major fossil fuel projects is undertaken in accordance with the law.
Our legal team discovered that Blue Energy’s original application underestimated the amount of gas to be extracted by 18,800 per cent. The department failed to detect the error and to consider the subsequent greenhouse gas (GHG) emissions before it gave this project the green light.
Despite the department not requiring accurate GHG emissions to be assessed in the original application, through our client’s appeal the department conceded that GHG assessment, including of the downstream GHG emissions once gas from the project is sold, is a relevant consideration for assessing gas projects under the Environmental Protection Act 1994 (Qld).
By taking legal action to address concerns about the adequacy of the department’s assessment of the project’s impacts on wildlife, climate and groundwater, our client significantly strengthened environmental protections.
EnvA-CQ spokesperson Coral Rowston said: “Our Central Queensland community cares deeply about our local environment and the amazing natural assets our region provides.
“We feel like we have had a win in helping to protect these values from both habitat clearing and the impacts of climate change.
“It is critical that decision-makers adequately consider our local threatened species, the Great Barrier Reef and our lifestyle when making decisions about climate destroying coal and gas proposals.
“We would have preferred the project was refused outright, but we are very pleased to have achieved an agreed outcome that is much better than the project that was originally approved.”
EDO Managing Lawyer Revel Pointon said: “This appeal shows the importance of communities having the legal right to engage in public-interest litigation to hold governments and companies to account to ensure better environmental outcomes in Queensland.
“The strengthened environmental protections won by our client would not have been achieved were it not for our client’s bravery in appealing the decision.”
Counsel for EnvA-CQ were Juliet Forsyth SC and Denika Whitehouse. EDO lawyers Revel Pointon, Maeve Parker, Joshua Paveley and Mollie O’Connor. The team was assisted by EDO Science Officer Dr Krystyna Saunders.
