BACK TO TOP

Hope alive for Aberpergwm with appeal acceptance

On 15th and 16th March, Coal Action Network took the Welsh Government and Coal Authority (UK regulator of coal mining) to the Cardiff Court in a judicial review over their respective handling of the Aberpergwm application to extend workings by up to 42 million tonnes of coal and until 2039.

On the 19th of May, The Hon. Mrs Justice Steyn DBE decided in favour of the Welsh Government and Coal Authority, but granted us permission to appeal the decision about the Welsh Government less than 2 weeks later, on 31st May. Our court hearing for the appeal will be 06th February at the Cardiff Court!

The grounds for this appeal are:

  1. The Judge erred in law in finding that the Claimant’s interpretation is not retrospective to a degree that would be caught by paragraph 6 of Schedule 7 to the Wales Act 2017, but was nonetheless retrospective because it attached a new disability to “existing rights”.
  2. The Judge erred in law when treating a coal mining licence, with an authorisation which was not in effect, as a possession within the meaning of Article 1 of Protocol 1 of theEuropean Convention on Human Rights (“A1P1”).
  3. In the alternative, the Judge erred in law in:
    1. assuming when considering the degree of unfairness that there would necessarily be a deprivation and, if there were, that the deprivation would necessarily be unfair;and
    2. failing to address proportionality when considering potential application of A1P1and/or the need to strike a balance when applying the common law principle of fairness to statutory provisions with potential retrospective effect.
Published: 17.08.2023

Share now:

Subscribe
Notify of
guest

0 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

Never miss an update! Sign up to our Newsletter

OTHER STORIES

Coal tip remediation – not coal tip mining

The Welsh Government’s long-awaited Bill is expected to be presented to the Senedd before the end of 2024. The very recent Cwmtillery tip slip will make this Bill a more politically charged issue. It will also raise scrutiny over whether measures in the new Bill mark a sufficient improvement on the Mines and Quarries (Tips) Act 1969…

Türkiye’nin Kömür Kullanımına Devam Etmesi

Kömür Eylem Ağı (Coal Action Network), 2024 yılında Türkiye kömür endüstrisini araştırdı. Bu makalede, bulgularımız ve Türkiye’deki kömür, hava kirliliği, Rusya savaşı ile karbonsuzlaştırma arasındaki ilişkiler inceleniyor.

e-action to stop this year’s Mines and Monday Conference

Last December in London, the CAN team protested with other climate campaigners for two days in freezing temperatures outside one of the world’s biggest events funnelling investment into expanding mining globally. The ‘Mines and Money Conference’ held in London’s Business Design Centre connected investors with projects and companies responsible for human rights abuses, ecocide, and fuelling climate chaos…

UK Government makes it official: coal mining no more

The UK Government has laid a Written Ministerial Statement confirming that it will introduce legislation to “restrict the future licensing of new coal mines”, by amending the Coal Industry Act 1994, “when Parliamentary time allows”. The UK Government’s press release is entitled “New coal mining licences will be banned”. Here at Coal Action Network, we thinks it’s great that the UK Government is following…

Turkey’s deadly coal consumption

(Türkçe olarak mevcuttur) Coal Action Network investigated the Turkish coal industry in 2024. This article looks at our findings and the links between Turkish coal, air pollution, Russia’s war and decarbonisation.

We have to do better by steelworkers…

Former steelworker, Pat Carr, spoke to Anne Harris from Coal Action Network about the financial support offered to workers when the Consett steelworks closed in 1980, and they discussed what can be done better, in workplaces like Scunthorpe steelworks. (Article published in Canary magazine)

Another nail in the coffin for West Cumbria Mining Ltd

The proposed West Cumbria Coal mine lost its planning permission in September 2024. Since then its application to get a full coal mining license was refused by the Coal Authority, another nail in the coffin of the proposed coking coal mine.

Glan Lash extension: the second attempt

Bryn Bach Coal Ltd is the coal mining company that operates the Glan Lash opencast coal mine, which has been dormant since planning permission expired in 2019. In 2018, it applied for an extension which was unanimously rejected by planning councillors in 2023. Undeterred, Bryn Bach Coal Ltd is trying again! This time with a slightly smaller extension of some 85,000 tonnes rather than 95,000 tonnes…

Consett Steelworks closure – a Just Transition? (An interview)

Former steelworker, Pat Carr, speaks to Anne Harris from Coal Action Network about the financial support offered to workers when the Consett steelworks closed in 1980.

CONNECT WITH US

Share now:

0
Would love your thoughts, please comment.x
()
x