Oakey Coal Action Alliance applies to Land Court in attempt to get New Hope Group to down tools at New Acland mine

Work on New Acland Coal’s Stage 3 expansion is proceeding at pace, but the Oakey Coal Action Alliance holds out hope that its latest appeal will be successful, and has asked the Land Court to intervene.

The Land Court has been asked to intervene and order New Acland Coal to down tools as it works through an appeal to tear up the mine’s water licence.

Lawyers for the Oakey Coal Action Alliance and the Environmental Defenders Office wrote to NAC to formally request that it stop work until the fresh appeal is resolved, but the mining group has pushed on.

The green groups have now escalated their request for a stay, taking the matter to the Land Court.

OCAA secretary Paul King said work by New Acland blasting and clearing the site of their stage 3 expansion would threaten groundwater, and their stay application would rely on expert evidence of the potential for irreparable damage to nearby aquifers.

“Farmers can’t afford to lose the groundwater that sustains agriculture in this region. We’ve always said the Darling Downs is for farming, not mining,” Mr King said.

“New Acland is refusing to pause operations while we have our rightful day in court. That’s why we’re taking this additional step to prevent New Acland from mining coal and damaging the aquifers that dairy, beef and grain farmers rely on to produce fresh food for Queenslanders.”

Maps of the proposed Stage 3 expansion of the New Acland Coal Mine. The area is green shows the new coal pits. The town of Acland is in the centre.

The application for a stay would run alongside an appeal against the Queensland government’s approval of the expansion water licence.

While Mr King, OCAA and the EDO claim they have a strong case, they do face tough opposition and are now challenging the Queensland government, as opposed to the mining company.

The original Land Court ruling in 2016 found in OCAA’s favour and said that the Stage 3 would have detrimental effects on groundwater.

However this decision was overturned with a judicial review in the Supreme Court finding the original decision was biased in favour of OCAA and a retrial was ordered, prompting multiple appeals and cross-appeals.

New Acland Coal mine manager David O’Dwyer, happy and excited that the mine has re-opened and expanded. Photo: Lyndon Mechielsen

“The Queensland government has approved New Acland Mine Stage 3 following thorough and proper processes,” a NAC spokesman said.

“The Land Court process, the Co-ordinator General’s extensive consultation process, the separate independent assessments of the Queensland Department of Environment and Science and the Minister for Resources, the thorough examination by the Department of Regional Development, Manufacturing and Water and most recently the independent, Internal Review evaluated every aspect of the project and found New Acland Mine Stage 3 stacks up environmentally, socially and financially.

“The Oakey Coal Action Alliance’s stay application, which has the backing of the taxpayer funded Environmental Defenders Office, is without merit.”

The stay application will be heard on August 14.