Queensland Conservation Council drop charges against Toowoomba’s New Acland Coal
A months’ long legal battle against a Queensland mining giant has ended after an environmental group struggled to obtain evidence of wrongdoing.
Police & Courts
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A Toowoomba coal mine has been cleared of environmental harm claims after charges against the group were dismissed in court.
Barrister Angus Scott KC, instructed by Ninox Law, told the court on Friday prosecution would offer no evidence on either charge of wilfully and unlawfully causing serious environmental harm and wilfully carrying out a regulated resource activity in an area of regional interest without holding, or acting under approval.
The coal mine, located 50km west of Toowoomba near Oakey, is owned by New Hope Group and has now embarked on its Stage 3 expansion which is set to more than double the amount of mined land.
“By the 10th day of November 2023 the (Queensland Conservation Council) had apparently formed a reasonable suspicion that offences under the Environment Protection Act and under the Regional Planning Interest Act had been committed by (New Acland),” he said.
“One would have thought that the commencement of a private prosecution is a very serious step to take and that a prosecutor or a complainant wouldn’t embark upon that step without having obtained all the evidence necessary.”
Prosecutor Lara Soldi said at the time the firm was provided with a “lengthy statement” and a pilot’s witness remarks were disclosed.
At the conclusion of proceedings, Magistrate Michelle Dooley ordered Queensland Conservation Council to pay costs of $15,000 to New Acland Coal, to be paid in 30 days.
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