Public participation and the Adani Syndrome

Article


McNamara, Noeleen and Crane, William. 2018. "Public participation and the Adani Syndrome." Environmental and Planning Law Journal. 35 (3), pp. 320-330.
Article Title

Public participation and the Adani Syndrome

ERA Journal ID17107
Article CategoryArticle
AuthorsMcNamara, Noeleen (Author) and Crane, William (Author)
Journal TitleEnvironmental and Planning Law Journal
Journal Citation35 (3), pp. 320-330
Number of Pages11
Year2018
PublisherLawbook Co.
Place of PublicationSydney, Australia
ISSN0813-300X
Abstract

The ability of members of the public to participate in environmental decision-making is regarded as a key component of achieving ecologically sustainable development. Indeed, public participation principles are now incorporated into Commonwealth and State resource development legislation. In recent years, specific projects (particularly coal projects) have been targeted by very well- organised and funded groups, resulting in delays or abandonment of projects, long after Commonwealth and State approvals have been obtained. The Adani Carmichael mine in Queensland is but one case in point. This article argues that, while there is a valid role for members of the public to be consulted and make submissions to the regulators or courts, the public have adequate opportunities to participate by appealing the regulators’ decisions in the State court system rather than the current duplication of appeals in both State and federal courts.

Keywordspublic participation; mining; Carmichael mine; environmental law; appeal rights
ANZSRC Field of Research 2020480299. Environmental and resources law not elsewhere classified
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Byline AffiliationsSchool of Law and Justice
Independent Consultant, Australia
Institution of OriginUniversity of Southern Queensland
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