Government v citizen: who is the vigilante?

In an action brought by Mackay Conservation Group, the Federal Court of Australia recently ruled that the Australian Government had failed to follow the law in granting approval to the Carmichael Mine. The Australian Government conceded this. The application will now need to be reconsidered by the relevant Minister in accordance with the relevant legislation.

Following this decision, the mining industry called on the Government to 'close the loophole'. The Prime Minister, Tony Abbott, criticised the Court for standing in the way of development and economic growth. The Attorney-General, George Brandis, called the action 'vigilante law'. Supported by the Industry Minister, Ian MacFarlane, the Attorney-General is planning to bring forward amendments to the law that prohibit environmental groups from appealing environmental decisions. The Industry Minister has said 'We're just saying if people live 600 kilometres away from a coalmine or from a development proposal, what right do they have to prevent that proposal providing an economic boost to the region?'

This post analyses this issue, arguing that it is the collective approach of the Prime Minister, the Attorney-General, and the Industry Minister that is 'vigilante' action. In particular, I argue that the concept of legality within our legal system is intrinsically linked with citizens' rights to challenge executive power. Importantly, the concept of 'standing' to challenge environmental decisions has an ancient connection with environmental sustainability.