Aberpergwm Judicial Review appeal

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.