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Land Court recommends against extension of Ensham Mine

22 October 2025

In a significant development for Central Queensland’s agricultural community, the Queensland Land Court has recommended against extending the mining lease for the Ensham Coal Mine near Emerald, citing insufficient action on greenhouse gas (GHG) emissions by the operators, Sungela Pty Ltd and Bowen Investment Pty Ltd (Applicant).

The case, Re Sungela Pty Ltd & Anor [2025] QLC 5, centered on the Applicant’s application to extend their mining lease under the Mineral Resources Act 1989.  The current lease is set to expire in 2028, and the Applicant’s sought a 25-year extension to continue operations.

However, Land Court President Peta Stilgoe found that the Applicants had not demonstrated “real and significant progress” towards mitigating their GHG emissions. The court highlighted the absence of a GHG emissions reduction plan and questioned what, if any, of the measures identified in the Applicant’s submissions have they actually done.

President Stilgoe emphasized that while the mine’s emissions might be a small fraction globally, they still contribute to climate change. She noted, “The mining lease area may only be a small part of the greenhouse gas emissions scenario, but it is still a part.”

The final decision on the lease extension now rests with Queensland’s Minister for Resources, who will consider the Land Court’s recommendation.

This information is intended to provide a general summary only and should not be relied on as a substitute for legal advice.

About the Author

Hannah Barbour
Hannah Barbour
Special Counsel Ph: +61 7 3231 8892 Email: hbarbour@thymac.com.au

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