High Court to hand down decision on New Acland Coal Mine tomorrow

After four and a half years of legal argument, the New Acland Coal Mine’s future comes down to this decision.

The highest court in the nation will hand down a decision on the future of the New Acland Coal Mine tomorrow.

The High Court has advised both the Oakey Coal Action Alliance and New Acland owner New Hope Group it will deliver its decision on the OCAA’s appeal at 9am tomorrow.

New Acland first began applying for approvals for its stage three expansions 13 years ago and is fast running out of coal.

OCAA is hoping the High Court will be able to decide whether the legal process in previous cases leading up to this point has been fair and proper.

In an earlier statement, Environmental Defenders Office solicitor Sean Ryan said the original Land Court decision that recommended against the approval of the expansion’s mining lease “was found to have failed to observe the requirements of procedural fairness, however it continued to affect subsequent decisions”.

“Our client, OCAA, is now asking for clarity,” Mr Ryan said.

The legal process leading up to tomorrow’s decision has been both long and torturous for both parties.

When the High Court heard the appeal in October last year, it was the culmination of more than four years of legal argument over the New Acland Coal Mine Stage 3 expansion.

New Hope Group has spent plenty of time and money campaigning for the State Government to grant the project’s remaining approvals, despite the ongoing legal action.

The State Government has repeatedly said it would not grant the Stage 3 expansion’s approvals until the court action was resolved.

Roughly 200 jobs have been shed since September 2019 as New Acland winds down operations in order to extend the life of the mine – a mine that will soon run out of coal without its Stage 3 expansion approvals.

Without approvals, union officials say the mine is staring down the barrel of “huge job losses”, which would see the majority of the workforce axed before the middle of 2021.

The High Court’s decision could fall two ways.

If the High Court rejects OCAA’s appeal, it will clear the way for the State Government to decide on the mine’s outstanding approvals.

However, if the High Court decides in OCAA’s favour, it could send the matter back to the Land Court for a fresh hearing.

If that happens, it is possible the Land Court hearing could last longer than the mine’s stage two coal reserves.

The Oakey Coal Action Alliance says it is fighting to protect “some of the best agricultural land in Australia” and is seeking to have a say on the mine’s effects on groundwater.

New Hope Group says the Stage 3 expansion would generate 487 jobs.