Environmental groups take Whitehaven Coal’s Winchester South project to land court

Environmentalists are launching an 11th hour legal fight to stop Queensland’s newest mine, claiming the operators failed to comply with laws in NSW, racking up $1.5m in penalties over 10 years.

Mackay Conservation Group and the Australian Conservation Foundation are pushing for the Queensland Land Court to refuse Whitehaven Coal’s Winchester South thermal and metallurgical coal mine, earmarked for the Bowen Basin.

Environmental groups have ramped up efforts to stop Queensland’s newest mega mine taking their fight to the land court, arguing the operator has previously had issues complying with environmental laws.

Mackay Conservation Group and the Australian Conservation Foundation are pushing for the Queensland Land Court to refuse Whitehaven Coal’s Winchester South thermal and metallurgical coal mine, earmarked for the Bowen Basin.

In court documents viewed by this publication, the groups have argued that no mining lease or environmental authority should be granted because of significant environmental and human rights impacts.

The Department of Environment, Science and Innovation gave the $1bn project the green light in February 2024 with construction of the open cut mine is expected to begin in 2026.

“There is no amount of money that will be able to restore the damage this mine will do to our groundwater, the reef or the ongoing negative impact it will have on our region,” MCG climate campaigner Imogen Lindenberg said.

“Keeping coal in the ground today will protect lives, livelihoods and nature for generations to come.”

Move Beyond Coal campaigner Imogen Lindenberg outside the NAB branch in Mackay on November 11, 2022. Picture: Duncan Evans

The project, 30km southwest of Moranbah will produce up to 17 million tonnes of coal per year over 30 years, sustain about 500 jobs and contribute $696m in royalties to the state government.

The mine is also expected to release almost 600 million tonnes of greenhouse gases from the underground fossil fuel vault.

The location of Whitehaven WS’s new Winchester South open cut coal mine in the Bowen Basin within the Isaac region. Picture: Winchester South project revised draft EIS – Attachment 13 – Air quality and greenhouse gas

MCG and ACF have argued the project “does not improve the total quality of life, either now or in the future, in a way that maintains the ecological processes on which life depends” and would destroy at least 2000 hectares of wildlife habitat impacting “at least 16 important or threatened” species including koalas, greater gliders, squatter pigeons and ornamental snakes, one threatened plant.

The endangered Greater Glider. Picture: Supplied

The group has further submitted the project would impact groundwater and surface water quality and quantity including the risk of water pollution and contamination, lead to the introduction, spread and difficulty managing pests and weeds, and “disproportionately affect … vulnerable communities”.

The ACF, in its objection, also said the mine operator and its subsidiaries had been investigated for breaches 35 times and prosecuted “numerous times” incurring $1,497,500 in penalties in the past 10 years.

Whitehaven Coal's Winchester South coal mine draft environmental impact statement has been released.

“Approving a coal mine that produces coal to be burnt through to 2055 is reckless and inappropriate at a time when Australia – and the world – – needs to cut emissions quickly,” said ACF’s chief executive Kelly O’Shanassy said.

“This climate wrecking project will destroy the habitats of precious animals, including the endangered greater glider. We cannot stand by and allow that to happen.

“Whitehaven has a history of breaching environmental regulations and a record of drastically underestimating emissions from its coal mines.

“At its Maules Creek coal mine, reported emissions were four times what Whitehaven estimated in its documentation when seeking government approval. At the Narrabri coal mine, Whitehaven’s actual emissions were more than twice what it officially estimated.

“Rather than more coal and gas, Australia needs more clean renewable energy.”

Originally published as Environmental groups take Whitehaven Coal’s Winchester South project to land court