High Court decides on Acland’s $90k request of Coal Alliance

THE High Court has decided on New Acland Coal’s attempt to secure a $90,000 bond from the Oakey Coal Action Alliance.

New Acland Coal Mine wash plant manager Andy Scouller.

NEW Acland Coal's attempt to secure a $90,000 bond from the Oakey Coal Action Alliance over their High Court clash has been refused.

High Court Justice Virginia Bell rejected New Acland Coal's recent application to have OCAA stump up $90,000 security, payable in the event the environmental group lost their High Court appeal.

Justice Bell also awarded costs to OCAA.

Environmental Defenders Office principal solicitor Sean Ryan said the EDO's client was pleased with the outcome and " looking forward to continuing the legal fight to protect prime agricultural land from Stage 3 of the New Acland mine".

OCAA Secretary Paul King said Justice Bell dismissed the application "because it would not be in the interests of justice". 

In a statement, New Hope Group said the decision from the High Court not to support its application for a $90,000 surety "was not unexpected".

New Hope Group chief operating officer, Andrew Boyd said the company's decision to request surety was not about thwarting the High Court action.

"The company was simply following the advice of Justice Davis in the Supreme Court of Queensland, when he chose to adjourn the hearing on the winding up of Oakey Coal Action Alliance, where he indicated that New Acland could protect itself from OCAA's inability to satisfy any future cost orders by obtaining security for costs from the High Court," Mr Boyd said.

"During that proceeding before Justice Davis, his Honour agreed OCAA owed the company a significant amount and that they were insolvent.

"Our concern is that the Queensland Government is allowing an insolvent organisation to drive the approvals process in this State."

As well as seeking $90,000 in security, New Acland Coal was seeking an order that, should OCAA fail to provide security for its costs within 14 days of an order of the High Court, the appeal by OCAA be stayed.

Mr Boyd said the government could have approved the project at any time and still can.

The State Government has repeatedly said it was awaiting the outcome of all legal action before deciding on the mine's outstanding approvals.

The move comes as mine owner New Hope Group began another round of redundancies at New Acland Coal Mine this week

Construction Forestry Maritime Mining and Energy Union delegate Michael Hartin said the first consultation meeting was held Tuesday, with 25 people expected to lose their jobs.

Further consultation meetings will be held with mining crews throughout this week.

The redundancies mean New Hope Group has shed nearly 200 jobs since September last year as it ramps down operations in a bid to extend the life of the coal mine, which is running out of coal without its Stage 3 expansion approvals.

Half the mine's workforce - 150 workers - were made redundant after September 1, 2019, and Queensland Bulk Handling and New Hope Group have also axed workers since then.

After a series of legal battles, OCAA took the matter to the High Court and was given leave to appeal in June.

The group says it's seeking clarity around previous legal decisions.