Coal Action Network, R (on the application of) v Welsh Ministers & Ors

Coal Action Network, R (on the application of) v Welsh Ministers & Ors

Section 26A of the Coal Industry Act 1994 does not confer functions on Welsh Ministers in relation to licences granted before 1 April 2018; the section applies only to licences granted after its commencement, as the natural and ordinary meaning of the words and statutory context dictate.

Parties
Appellant: Coal Action Network; First Respondent: Welsh Ministers; Second Respondent: Coal Authority; Third Respondent: Energybuild Mining Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Retrospective Legislation, Licensing of Coal Mining, Devolution, Human Rights (a1 P1)
Administrative Law Statutory Interpretation Environmental Law Retrospective Legislation Licensing of Coal Mining Devolution Human Rights (a1 P1)

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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 Judgment

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 retrospectivity engaged?
  3. 3 Does Article 1 of the First Protocol to the Convention apply to a coal mining licence with postponed authorisation?

Ratio Decidendi

Section 26A of the Coal Industry Act 1994 does not confer functions on Welsh Ministers in relation to licences granted before 1 April 2018; the section applies only to licences granted after its commencement, as the natural and ordinary meaning of the words and statutory context dictate.

Court Disposition

Appeal dismissed

Orders

  • Claim for judicial review of Welsh Ministers' decision dismissed
  • Welsh Ministers have no function of approving authorisation for pre-2018 licences