Coal Action Network, R (On the Application Of) v Welsh Ministers & Ors [2024] EWCA Civ 168 (23 February 2024)

Coal Action Network, R (On the Application Of) v Welsh Ministers & Ors [2024] EWCA Civ 168 (23 February 2024)

Section 26A of the Coal Industry Act 1994 does not apply to licences granted before 1 April 2018, even if authorisation to carry out coal-mining operations comes into force after that date. The section applies only to licences granted after its commencement. The licence and authorisation are not separate instruments; the authorisation is part of the licence, which takes effect when granted. The presumption against retrospective legislation is not displaced by the statutory language or context.

Citation
[2024] EWCA Civ 168
Parties
Appellant: Coal Action Network; First Respondent: Welsh Ministers; Second Respondent: Coal Authority; Third Respondent: Energybuild Mining Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2024
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Retrospective Legislation, Devolution, Coal Mining Licensing, Article 1 Protocol 1 ECHR, Statutory Construction
Administrative Law Environmental Law Statutory Interpretation Human Rights Retrospective Legislation Devolution Coal Mining Licensing Article 1 Protocol 1 ECHR +1 more

Case Brief

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Parties

Coal Action Network

Appellant

Welsh Ministers

First Respondent

Coal Authority

Second Respondent

Energybuild Mining Limited

Third Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court

Legal Issues

  1. 1 Does section 26A of the Coal Industry Act 1994 apply to licences granted before 1 April 2018 where authorisation comes into force after that date?
  2. 2 Is the presumption against retrospective legislation engaged?
  3. 3 Does the licence constitute a 'possession' under Article 1 of Protocol 1 ECHR?

Ratio Decidendi

Section 26A of the Coal Industry Act 1994 does not apply to licences granted before 1 April 2018, even if authorisation to carry out coal-mining operations comes into force after that date. The section applies only to licences granted after its commencement. The licence and authorisation are not separate instruments; the authorisation is part of the licence, which takes effect when granted. The presumption against retrospective legislation is not displaced by the statutory language or context.

Court Disposition

Appeal dismissed

Orders

  • Claim for judicial review of the Welsh Ministers' decision dismissed
  • No function for Welsh Ministers to approve authorisation under section 26A for pre-2018 licences