High Court delivers decision on Oakey Coal Action Alliance’s appeal over Acland

After more than four and a half years of legal wrangling, the Oakey Coal Action’s fight against the expansion of the New Acland Coal Mine came down to this morning’s decision. Read it here:

New Hope COO Andrew Boyd addresses media in relation to New Acland stage three lack of approvals, Wednesday, June 17, 2020. Picture: Kevin Farmer

The High Court of Australia has sent New Acland Coal Mine’s Stage 3 expansion back to the Land Court for a fresh hearing.

In a decision handed down on Wednesday morning, the High Court in Canberra allowed the Oakey Coal Action Alliance’s appeal.

The High Court set aside the Court of Appeal’s November 2019 finding that the original Land Court hearing failed to observe the requirements of procedural fairness and that the Oakey Coal Action Alliance should pay New Acland Coal’s costs.

Also set aside was the Queensland Government’s decision to amend the Environmental Authority for the Acland Stage 3 expansion, made on March 12, 2019.

New Acland Coal Mine’s applications for mining leases and an amended Environmental Authority have been referred back to the Land Court “to be reconsidered according to law”.

Each party will bear its own costs of the appeal and cross appeal in the Supreme Court.

The High Court ordered New Acland to pay the Oakey Coal Action Alliance’s High Court costs.

More to come.

Originally published as High Court delivers decision on Oakey Coal Action Alliance’s appeal over Acland