Land Court of Queensland recommends New Acland Mine Stage 3 be granted

The Land Court of Queensland has made its final recommendation for the expansion of the New Acland coal mine at Oakey. DETAILS:

The Land Court of Queensland has recommended that the environmental authority amendment application of stage 3 of the New Acland coal mine be granted, subject to conditions.

However, despite the decision, environmental groups are refusing to back down.

Proposals to expand the mine were first rejected by the Newman LNP Government in 2012, and a revised application was rejected by the Palaszczuk Government in 2018 following a recommendation by the Land Court.

The latest round of Land Court hearings were heard in October, looking at its impacts on noise, air quality and past performance.

Today’s decision follows years of court dates and battles with the Oakey Coal Action Alliance.

Despite “respecting and understanding” the opposition of local landholders and their distrust of the New Hope Corporation, Land Court of Queensland member Peta Stilgoe on Friday recommended the state government approve stage 3 of the New Acland Mine.

The approval comes with conditions, including controls around noise and dust.

Stewart Mills, Pit Operator, reminisces about the first giant mining truck he drove, #310, at the New Acland coal mine, outside Oakey, west of Toowoomba. Lyndon Mechielsen.

“If (New Hope) had taken no action to address noise and air quality concerns, I would have no hesitation in recommending against the grant,” the judgment stated.

“However, in my view, (New Hope) has more than made up for its initial lacklustre response by spending significant time and money to implement a sophisticated real-time responsive (Trigger Action Response Plan).

“(New Hope) may never recover its social licence in the Acland community but OCAA’s continued distrust and scepticism cannot be a reason to recommend against the grant. I am satisfied that the EA can effectively deal with the potential impacts of noise and dust.”

New Acland Mine general manager Dave O’Dwyer said the Land Court’s recommendation was an excellent result for New Hope Group, their employees, families and supporters within the Darling Downs community.

“There are still a number of steps required to obtain final project approval for Stage 3,” he said.

“We will continue to work closely with the relevant Queensland Government departments to achieve these approvals, which would enable a restart of operations and employment opportunities for hundreds of local workers at the New Acland Mine, as well economic opportunities for the region more broadly.”

Machinery at the site of New Hope Group Acland Coal Mine north of Oakey. Photo: David Martinelli

Darling Downs farmers and the Oakey Coal Action Alliance stated the decision did not take into consideration issues surrounding the groundwater impacts of the project, with the mine expansion originally refused on that basis.

OCAA secretary Paul King urged the Queensland Government to reject the company’s groundwater licence.

“The Land Court judgment today confirmed that the local community has been put through hell by New Hope coal through excessive noise and dust from the mine ruining their lives,” he said.

“This should be enough for the Qld Government to call it a day, and prevent this dangerous, unwanted project from reopening.

“It’s also vital that Water Minister Glenn Butcher now makes the right call and rejects New Acland’s application for a groundwater licence for the mine expansion.”

Darling Downs grazier Frank Ashman said he didn’t want to see the mine reopened.

“This area is among the best 1.5 per cent of farmland in the state and it produces milk and beef to feed Australia. If you planted a nail here, you’d grow a crowbar,” he said.

“The use of 3.5 million litres of water each day for the expansion will result in a 47 metre water drawdown impacting over at least 1200 square kilometres of prime agricultural land.”

Andy Scouller, Wash Plant Manager at the New Acland Coal Mine, Qld. Photo: Russell Shakespeare

Shadow Mines Minister and Condamine MP Pat Weir applied pressure on the Palaszczuk Government to approve to mine’s expansion.

“This is the second time we’ve had this approval so it is time now for the government to act,” he said.

“The Premier, the Mines Minister need to grant the approval for stage 3 now, and lets get something happening.

“This has been a long, ongoing saga and the problem we have now is that the objectors have already stated they will object on other grounds. The government has had a position where they would not approve anything whilever there was legal action pending. The government needs to stop this nonsense, get in and grant the approval before there are more frivolous objections.”

Groom MP Garth Hamilton also claimed the legal action was frivolous, praising the Land Court’s decision.

“The only thing standing in the way of 500 well-paying coal mining jobs is the Labor Party,” he said.

“These jobs are on the line right now and they could change Oakey altogether. The mine is a big contributor to the regional economy and the Toowoomba region’s growth has been reliant upon the mine doing so well over the past 20 years.”

In late November the last coal was extracted from the stage 2 pit of the New Acland mine after 19 years, with about 100 staff laid off in the past year.

Since 2015 OCAA has been opposing the New Acland expansion, and had a landmark win in the High Court earlier this year which resulted in the latest round of Land Court hearings.

Supplied image of the New Acland Coal Mine.

Environmental Defenders Office manager lawyer Sean Ryan said they were consulting with OCAA on further legal options.

“Our client is understandably disappointed that the project was not refused outright, given the importance of the agricultural land in the region and the community’s efforts to protect it for over a decade,” Mr Ryan said.

“While the mining leases were recommended to be granted once the environmental approval is resolved, the Department of Environment and Science and the Land Court were both persuaded that stronger conditions on the environmental approval were appropriate.

“These stronger conditions will require review by the Co-ordinator General. The Land Court was clear that if the conditions are not changed to account for its reasons then the project should not be granted environmental approval.

“These hard-won added protections will go some way to safeguarding the community from the impacts of this mine if it does go ahead.”