Coal Action Network, R (On the Application Of) v Welsh Ministers & Anor [2023] EWHC 1194 (Admin) (19 May 2023)

Coal Action Network, R (On the Application Of) v Welsh Ministers & Anor [2023] EWHC 1194 (Admin) (19 May 2023)

Section 26A of the Coal Industry Act 1994 does not apply to the deconditionalisation of a conditional licence granted prior to 1 April 2018. The Welsh Ministers' power to approve authorisation is only triggered by the grant of new or extended licences after that date, not by the fulfilment of conditions attached to pre-existing licences. The Coal Authority acted lawfully in approving the application, and the Welsh Ministers did not err in law.

Citation
[2023] EWHC 1194 (Admin)
Parties
Claimant: Coal Action Network; First Defendant: Welsh Ministers; Second Defendant: Coal Authority; Interested Party: Energybuild Mining Limited
Jurisdiction
England and Wales
Judgment Date
19 May 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Statutory Interpretation, Coal Mining Licensing, Devolution, Climate Change Policy
Administrative Law Environmental Law Planning Law Statutory Interpretation Coal Mining Licensing Devolution Climate Change Policy

Case Brief

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Parties

Coal Action Network

Claimant

Welsh Ministers

First Defendant

Coal Authority

Second Defendant

Energybuild Mining Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Does section 26A of the Coal Industry Act 1994 apply to the deconditionalisation of a pre-existing conditional coal mining licence in Wales?
  2. 2 Did the Welsh Ministers err in law in determining they had no power to approve or refuse the authorisation under section 26A?
  3. 3 Did the Coal Authority misinterpret its powers and unlawfully fetter its discretion or fail to take into account material considerations in approving the application?

Ratio Decidendi

Section 26A of the Coal Industry Act 1994 does not apply to the deconditionalisation of a conditional licence granted prior to 1 April 2018. The Welsh Ministers' power to approve authorisation is only triggered by the grant of new or extended licences after that date, not by the fulfilment of conditions attached to pre-existing licences. The Coal Authority acted lawfully in approving the application, and the Welsh Ministers did not err in law.

Court Disposition

Claim dismissed

Orders

  • No relief granted to the claimant
  • Welsh Ministers' and Coal Authority's decisions upheld