But such prejudice does not extinguish legal responsibilities nor remove the right of Australians to expect sober decision-making in accordance with the law.

Carmichael Mine could would supply as much as 60 million tonnes of coal a year. Credit:Rob Homer

The whole point of the Environmental Protection and Biodiversity Conservation Act is that its provisions be rigorously observed. This is expressly so that environmental impacts are not overlooked, and to ensure that native values are not compromised by economic ventures, however profitable they might be for someone.

Environment Minister Greg Hunt has been commissioned under the constitution to ensure just this. It is arguably, his primary responsibility. Yet Hunt and indeed all of the parties to a Federal Court application from the Mackay Conservation Group seeking to stop the mine, have now conceded that the environmental act has not been properly adhered to.

Project apologists are already grumbling that a mere "technical glitch" is being used to nobble the project, but failure to properly consider the impact of this project on two native reptile species is a substantial matter. And there are others.