Mining giant Adani wins court costs over coal terminal case
A COMMUNITY environmental group has been told to pay a mining company's court costs, barely six weeks after losing a court battle over a coal terminal.
Whitsunday Residents Against Dumping has been told to pay Adani's costs, in a Brisbane Supreme Court judgment delivered on Wednesday.
In June, WRAD's efforts to stop Adani's Abbot Point Terminal expansion went up in smoke.
WRAD also took on the Department of Environment and Heritage Protection that had approved the expansion.
The terminal had "potential impacts upon environmental values, significantly, those of the Great Barrier Reef”, WRAD argued earlier this year.
But the residents group lost the battle, leaving the issue of who should pay legal costs to be resolved.
The department did not seek costs but Adani did.
In the new judgment, Justice Martin Daubney said the normal rules of court costs applied, even to the community group.
"It is not enough for the applicant to seek to characterise this as having been "public interest litigation” in order to avoid the operation of the usual order as to costs,” Justice Daubney said.
The court battle was not a "test case” but rather one "which, while concerning the operations of a proposed coal terminal, turned on a plain reading of the environmental objective assessment”, he added.
NewsRegional approached Adani and WRAD for comment but neither responded before publishing time. It was not immediately clear how much the costs would be.
Adani Australia Coal Terminal's expansion project went through three environmental impact studies, the Courier-Mail reported in June.
It was part of the $21 billion Carmichael Mine, port and rail development. - NewsRegional