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New Hope breathes sigh of relief as decade-long New Acland legal fight ends

New Hope chairman Robert Millner says Australia must cut red and green tape to help the economy after a marathon battle over a Queensland coal mine.

Oakey Coal Action Alliance secretary Paul King and president Aileen Harrison. Picture: Kevin Farmer
Oakey Coal Action Alliance secretary Paul King and president Aileen Harrison. Picture: Kevin Farmer

New Hope chairman Robert Millner says the coal miner is relieved more than a decade of lawfare around a mine expansion has come to an end but has issued a dire warning about the impact bureaucracy and approval delays are having on the Australian economy.

The billionaire investor spoke out after the Oakey Coal Action Alliance – represented by the taxpayer-funded Environmental Defender’s Office – waved the white flag in along and bitter legal battle over the New Acland stage 3 expansion in Queensland’s Darling Downs.

New Hope spent more than $100m over the past decade fighting opponents of the New Acland stage 3 expansion.

The Alliance said it was a tough decision to end its legal fight and vowed to maintain the rage against mining projects in an effort to protect farmland and water supplies.

“We are down but not out. We will continue to oppose further expansion of inappropriate mining in closely settled agricultural districts” Alliance secretary Paul King said.

It appears the Alliance, a registered charity, ran out of money to keep fighting despite the EDO representation, and was worried about having substantial costs awarded against it if unsuccessful in an appeal over a water licence for the New Acland mine.

Billionaire investor Robert Millner. Picture: Adam Yip
Billionaire investor Robert Millner. Picture: Adam Yip

Mr Millner said red and green tape and approval delays in the resources industry were an Australian-wide problem and not confined to the fossil fuel industry.

“The thing that people don’t realize is everybody’s trying to shut down coal and gas and petroleum, but it takes as long to get an approval for a copper or cobalt mine. I don’t know where people are going to find all these commodities in years to come if all these other things do shut down,” he said.

Mr Millner called for Australia to roll out the equivalent US president-elect Donald Trump’s department of government efficiency (DOGE) to cut red and green tape in the wake of New Hope’s experiences at New Acland over the past 14 years.

The long-time chairman of Washington H Soul Pattinson, which owns the lion’s share of New Hope, said the growing bureaucratic and red tape burden on investors at all levels, including families, and should be a major election issue.

“It has to be (an election issue). Bureaucracy and the time it takes to get anything done is out of control. Look at approval for getting a house? In some shires and suburbs now it’s over 300 days. Thirty years ago, you’d go and put your plans in on a Monday morning and pick them up on a Thursday,” he said.

New Hope received approval to expand the New Acland - an open cut thermal coal mine about 30 kilometres from Oakey - in 2014, but then Queensland premier Campbell Newman got cold feet on the project in the lead up to a state election.

New Hope Corporation's New Acland coal mine in Queensland. Picture: Peter Turnbull
New Hope Corporation's New Acland coal mine in Queensland. Picture: Peter Turnbull

The company on Tuesday hailed an agreement with the Alliance to end an appeal against the granting of a water licence as the final chapter in the New Acland approvals saga.

The agreement requires a tick from Queensland’s Department of Local Government, Water and Volunteers and subsequent filing with the Land Court of Queensland.

New Hope said the end of the Alliance campaign would clear the way to proceed with ramp up plans for New Acland without further delay.

Mr Millner said the end of the legal battle would give certainty for the local community and the company, which could now press on with developing the Manning Vale West mining area.

“Our workforce at New Acland has grown to almost 300 employees since resuming operations,” he said.

“The permanent workforce at New Acland will be approximately 400 full-time roles once New Acland Stage 3 is fully developed.”

New Hope said more than 90 per cent of the current workforce lived within 50 kilometres of the mine site.

Community group Oakey Coal Action Alliance rejoice outside court in Brisbane in May 2017. Picture: AAP
Community group Oakey Coal Action Alliance rejoice outside court in Brisbane in May 2017. Picture: AAP

Mr King said the Alliance had relied on donations from the public and philanthropic foundations to fund a string of legal challenges and was now making a strategic withdrawal on New Acland stage 3 to keep its powder dry for future battles.

“We need to keep our resources intact for any future battles that we need to wage to protect land and water in the northern Darling Downs,” he said.

“This has been a long-running battle. We’ve been through every court in the land, from the Land Court, the Supreme Court in Queensland, to the Court of Appeal, and, of course, the High Court of Australia.”

Mr King said the Alliance’s last stand was over a licence that allowed New Hope to draw water from local underground aquifers.

“In the absence of laws that adequately protect water resources, it is often left to communities to try to defend our precious resources by taking the very serious step of bringing court challenges. However, this work is complex, expensive and risky, and communities can face opponents with massive legal resources,” he said.

The end of battle with New Hope left a bitter taste in the mouth of Alliance vice-president Aileen Harrison.

“The mine ruined our farm and our family’s health. I will soon be 89 years of age, but I fear for future generations because the mine will take so much water, and nothing can live without water,” she said.

Alliance president David Vonhoff said he was sad about the withdrawal of the legal action.

“We have 3 generations working our highly productive dairy farm. We rely on groundwater. I am worried that my grandson will not be able to carry on dairying. We will battle on, but this part is over,” he said.

The Alliance plans to continue to operate as a charity devoted to protecting farmland and water resources on the Darling Downs.

Mr Millner defended New Hope’s environmental and water management record, and said the company had a strong track record of successfully rehabilitating mined areas into productive farmland.

He is predicting a bounce back in thermal coal prices which have slumped to their lowest point since 2021 at about $US115.51 a tonne for high quality NSW product.

Mr Millner said the dip in pricing was surprising based on the cold northern hemisphere winter.

“A cold northern energy winter has usually been quite good for coal prices,” he said.

Originally published as New Hope breathes sigh of relief as decade-long New Acland legal fight ends

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Original URL: https://www.couriermail.com.au/business/new-hope-breathes-sigh-of-relief-as-decadelong-new-acland-legal-fight-ends/news-story/fa1ed4bdd669952e88f9baf2cac4f8e4