New Acland Land Court hearing set down for tentative November four-week trial

The Queensland Land Court has reserved tentative dates for the hearing into New Acland Coal Mine’s Stage 3 expansion.

The Land Court has indicated the re-hearing of New Acland Coal Mine’s Stage 3 expansion will likely take place in November.

Queensland Land Court president Fleur Kingham outlined a series of draft directions at the end of today’s hearing, after the High Court earlier this month referred the matter back to the Land Court for reconsideration.

Ms Kingham said she was going to reserve dates in November this year for the hearing into New Acland’s applications for mining leases and an environmental authority.

“I have November in mind because that will allow a little bit of flexibility for a later start or for a trial running a little longer than the four weeks which is currently the best guess that anyone can put on this,” she said.

Ms Kingham also listed the matter for review on March 11 to allow time for the Darling Downs Environment Council’s Paul King to make an application to the court.

Mr King foreshadowed he would be asking for a declaration that the NAC’s applications before the court were defective, meaning they would have to be made afresh.

If the court agrees to his application it would mean there would be a new objection period.

“People would be able to object to the proposal as it currently exists rather than as it existed six years ago,” Mr King said.

“I think it’s important to establish whether the current application is effective according to law.

“If it is not according to law, we’re all wasting our time.”

During the hearing, the Oakey Coal Action Alliance’s legal representation indicated noise issues would play a large part in the case.

Ms Kingham said she would also be making an order that deferred the question of costs until the end of the Land Court hearing.

The draft directions will be circulated to the parties to comment on, Ms Kingham said, and the final orders would hopefully be issued by Friday.

Originally published as New Acland Land Court hearing set down for tentative November four-week trial