Plea to protect New Acland coalmine from years of appeals

The reopening of the shuttered New Acland coalmine west of Toowoomba faces the prospect of years of legal challenges unless the Palaszczuk government ­intervenes.

New Acland employee Stewart Mills, in 2020, with mining equipment that is sitting idle at the New Acland coalmine. Picture: Lyndon Mechielsen

The reopening of the shuttered New Acland coalmine west of Toowoomba faces the prospect of years of legal challenges unless the Palaszczuk government ­intervenes.

Australian-owned miner New Hope fears its three remaining government approvals – the environmental assessment, mining lease and associated water licence – could all be hit with appeals and legal challenges, further delaying the 14-year bid to expand the Darling Downs mine, which has already gone through four court jurisdictions and the longest-ever hearing in the Land Court.

New Hope, federal Labor and Coalition politicians and the Queensland Resources Council have called on the Palaszczuk government to protect the development of the 100-year-old New Acland mine through legislation, as former Labor premier Anna Bligh did for the Xstrata coalmine in 2007.

The $900m 15-year expansion has been opposed by the Oakey Coal Action Alliance, a league of farmers and environmentalists backed by the government-­funded Environmental Defenders Office, which plans to challenge the new approvals.

If the group appeals the associated water lease, it could send the project back to the Land Court for a fourth time.

The mine went into care-and- maintenance mode in November, cutting workers from 490 to just 20, after Premier Annastacia Palas­zczuk refused to intervene while it was subjected to repeated legal challenges.

New Hope executive general manager Dominic O’Brien said since December, when the Land Court recommended the approvals be granted, the company had worked with government departments to progress its applications.

“We remain concerned, however, that New Acland mine stage three will remain in ongoing rounds of review and appeals as the approvals process in Queensland allows opponents to use the court system to delay,” Mr O’Brien told The Australian.

“New Acland mine stage three is the most examined and conditioned mining application to be reviewed, yet opponents of the project have declared that they will appeal the outcome and prevent the mine from reopening if the Queensland government approves New Acland mine stage three.”

Oakey Coal Action Alliance secretary Paul King said there would be “no easy path forward for New Hope”.

“The Palaszczuk government must not give New Hope any more approvals for its destructive New Acland coalmine expansion,” Mr King said.

Oakey Coal Action Alliance secretary Paul King. Picture: Kevin Farmer

Queensland Resources Minister Scott Stewart on Monday said the government’s position had not changed.

“The government’s position on the New Acland Coal Mine expansion has been consistent since our commitment before the 2017 election: to accept the decision of the courts,” he said.

“New Hope has submitted its revised plan for New Acland to the Co-ordinator-General.

“As per the Land Court recommendation, this must be considered by the Co-ordinator-General and Department of Environment and Science before the mining lease application can be considered.”

Federal Resources Minister Keith Pitt urged Ms Palaszczuk to legislate to protect the development of the mine from further legal action. “Instead of hiding behind the courts, Premier Palaszczuk could follow the lead of her Labor predecessor Anna Bligh with the Xstrata mine in 2007 and declare New Acland a prescribed project,” Mr Pitt said.

Federal Labor politicians Shayne Neumann and Anthony Chisholm have previously called for Ms Palaszczuk to approve the expansion. She has refused to budge, despite approving the Olive Downs coalmine, which was also subject to legal challenges, on the eve of the 2020 election campaign.