New Hope’s $900m New Acland mine enlargement in legal win
The Supreme Court rules in favour of one of Queensland’s most controversial coalmining projects, setting aside an earlier ruling by the Land Court.
One of Queensland’s most controversial coalmining projects has been thrown a potential lifeline by the state’s Supreme Court.
Justice Helen Bowskill this morning set aside a finding by the state’s Land Court that New Hope’s $900 million New Acland mine enlargement — on the Darling Downs, near Toowoomba west of Brisbane — should not proceed because of the risk posed to groundwater.
Justice Bowskill found that Land Court member Paul Smith overstepped his authority when he considered the potential impact on groundwater. The judge also upheld a complaint by New Hope relating to noise.
Mr Smith’s non-binding decision last May found the enlargement of the open-cut coalmine would likely provide a significant economic benefit to the region, the state and the nation. However, he warned the project should not proceed because it posed too great a risk to groundwater and surrounding landholders.
Sydney broadcaster Alan Jones repeatedly attacked Campbell Newman’s Liberal National Party government during the 2015 state election campaign over its support for the mine’s expansion, which has been under government assessment for more than a decade.
New Hope Corporation welcomed the judgment, saying in a statement: “The Supreme Court found grounds for review have been established in the areas of groundwater, noise and intergenerational equity with the consequence that it would be appropriate to order the Land Court’s decision be set aside, and the matter referred back to the Land Court for further consideration.
“We remain committed to securing approval for this Project and in doing so being able to provide ongoing employment for the circa 700 jobs reliant on the Project.”
The Environmental Defenders Office, lawyers for the activists opposing the mine, the Oakey Coal Action Alliance, said it would “consider the judgment carefully and discuss it with our clients”.
Oakey Coal Action Alliance president Paul King said the Supreme Court decision was only a “technical win” for the New Hope.
“The Land Court found in evidence major deficiencies in New Acland Coal’s case; those deficiencies have not been overruled, only whether the Land Court had the power (to judge them),” he told The Australian.
Mr King noted Justice Bowskill rejected the company’s claim that Mr Smith appeared to be biased against the coalmine.
Opposition leader Deb Frecklington welcomed the decision, saying there were “hundreds of jobs and communities depending on the continuation of New Hope’s operation”.
“The Palaszczuk Government should have respected the current legal process and not refused the application to amend the environmental authority for the New Acland stage 3 project,” the LNP leader said in a statement.
“The matter will now be reconsidered by the Land Court. As always the LNP will respect this process.”