Thousands of kilometres away from the pomp and formality of Queensland's major court precinct, an historic hearing is set to take place on a tiny, remote island in the Torres Strait.
Erub Island is home to 400 people, some of whom have made submissions against the proposed Waratah Coal Project in the Galilee Basin in Central Queensland.
The First Nations people say they will feel the effect of the mine through climate change and sea level rises before anyone else.
The Land Court of Queensland has agreed to hear evidence against the mining application on country — something that's never been done before.
"It's a landmark judgement in terms of showing respect to First Nations people involved in environmental approval," said David Morris from the Environmental Defenders Office (EDO).
Respecting human rights
The EDO is representing a number of First Nations people through the Youth Verdict and Bimblebox Alliance groups, which have invoked Queensland's recently adopted Human Rights Act to argue that opposition to the mine should be heard in the areas it will affect.
The groups argue the project will contribute to climate change and sea level rise, which will have a negative impact on their human rights to practise cultural activities.
Court documents show Waratah Coal "does not dispute there will be sea level rise, that the climate will warm, that fish may not be as plentiful".
It also accepts that "different aspects of the witnesses' traditional way of life will change".
But Waratah Coal has objected to the hearing on country arguing it was expensive and the evidence could be given via video link.
Land Court president Fleur Kingham ruled "it is unlawful for this Court to conduct the hearing in a way that is not compatible with human rights".
"Refusing the witnesses' request to give evidence in this way does not respect their cultural identity or accommodate their beliefs," Judge Kingham said.
The EDO's David Morris said the decision highlights the importance of the recently adopted Human Rights Act in Queensland.
'A sign of respect' to First Nations
Leading native title and cultural heritage lawyer Professor Jonathan Fulcher said the decision was extremely important — not just for this case, but for future ones.
"An Indigenous witness in court may be reluctant to say things because they're not comfortable with their environment," Professor Fulcher said.
"Whereas if they're giving evidence on country, they're more likely to be relaxed and comfortable … and able to express themselves meaningfully.
"They've filed written evidence and now, in a sign of respect, the Land Court will go to those witnesses and hear their testimony on country in a way that does accord with their cultural preferences and practices.
"Some places are significant and highly confidential due to the fact they're sacred.
Waratah Coal did not respond to the ABC's requests for an interview or a response to the court ruling.
In handing down her decision, Judge Kingham found the Land Court would be assisted in making a fully considered decision by hearing the evidence on Erub and Poruma islands and in the Yidinji Nation in the Cairns region.
"A site inspection can aid understanding … it can provide context and proportionality."
'Reasonable proposition' by court
The University of Queensland's Professor Fulcher said while the ruling was the first of its kind, it was unlikely to be the last.
He said it was an important decision in terms of clarifying law and respecting cultural rights and practices.
"Some groups are quite communal in the way they decide things … and some have a band of senior people or elders who have learned the cultural rules and protocols," Professor Fulcher said.
Professor Fulcher said the impacts of climate change were likely to be a feature of future litigation.
"These First Nations people, they're the ones who are going to be on the frontline of climate change," he said.
"It's the sea level rises [and] those places, those islands are going to be affected first.
"There's coastline in Fiji that has disappeared in the last 20 years — there are burial grounds that have gone under water."
The next round of hearings, including site visits and on country evidence, are due to be held in mid-April.
