Coal industry takes aim at taxpayer-backed activists after New Hope victory

Coal industry leaders have demanded to know why taxpayer money was used to help fund court cases that cost New Hope Corporation more than $100m to defend.

Activists protest against Queensland’s New Acland Coal mine in 2023.

Coal industry leaders have blasted the use of taxpayer funds to help with various court cases that cost New Hope Corporation more than a $100m to defend, before the company ultimately secured victory in the fight to expand a Queensland mine.

Coal Australia chief executive Stuart Bocking said the situation faced by New Hope was “intolerable” and sent a terrible message about investment in the nation’s resources industry.

Mr Bocking said some activist groups didn’t care whether they eventually won or lost court cases, as long as they were able to cause long delays and discourage investment.

He said governments and government departments that put mining companies through exhaustive approvals needed to step up in court in defence of projects challenged by activist groups.

“One of problems we face now is that many of these activist groups don’t really care whether they win, lose or draw. What emboldens them, what activates them, is delaying these projects and putting proponents to enormous costs, all in the hope that eventually shareholders, investors, funders get cold feet and decide this is all too difficult,” he said.

Mr Bocking said it was a credit to New Hope that it had finally secured victory in the fight to expand the New Acland thermal coal mine in the Bowen Basin, but it had at a huge cost because of the lawfare waged against the company.

Coal Australia chief executive Stuart Bocking.

“It (lawfare) sends a terrible message more broadly about the state of the resources sector in terms of development approvals, being able to defend those approvals, and what sort of processes proponents and mining companies are put through to be able to ultimately validate those approvals,” he said.

Mr Bocking took aim at the taxpayer-­funded Environmental Defenders Office over its role in the New Acland dispute, which raged through multiple courts for more than a decade and finally ended this week when the Oakey Coal Action Alliance (OCAA) withdrew an appeal against a water licence for the mine.

“We’ve got a perverse situation here where you’ve got government departments within governments of the day granting a whole range of approvals and licences and other things after having put proponents rightly through a very exhaustive process,” he said.

“But then, bizarrely, we’ve got another department or branch of government providing funding to some of these activist groups to effectively pull that valid decision apart.”

The OCAA is a registered charity and relied on donations from individuals and philanthropic organisations in the battle with New Hope. It was represented by the EDO before withdrawing from an appeal over a water licence issued by the Queensland ­government.

EDO chief executive David Morris defended the role of the office and commended the OCAA for the long battle to “protect groundwater in one of the most fertile agricultural regions of Australia”.

“EDO will continue to support OCAA and other communities to advocate for stronger environmental laws and, if necessary, challenge damaging decisions in court,” he said.

“It is crucial that communities have access to independent legal resources to scrutinise projects that will have long-term ­consequences for their lives and livelihoods.”

Coal Australia was formed last year to give coal miners an industry voice, with Bowen Coking Coal boss Nick Jorss as its chairman. Mr Bocking was appointed the inaugural CEO in December after previously working as a lawyer in the resources project approval space.

The move to create Coal Australia came amid concerns the Minerals Council of Australia could not be as vocal in support as some coal miners would like given the carbon emissions targets and climate change views of other members.

Former Queensland premier Campbell Newman said the coal industry had become much better at advocacy and community engagement since he was caught up in the New Acland row ahead of the 2015 state election, which saw him lose his seat and Labor form a minority government led by Annastacia Palaszczuk.

Mr Newman, who was pilloried by talkback radio host Alan Jones and others for backing the New Acland expansion and coal mining, said that New Hope had failed to defend the project at the time. “I think New Hope did a bad job of promoting the project over the years, but they would probably disagree,” he said. “You can’t let community activists build momentum without explaining the benefits and merits of a project. You need a muscular and front foot approach to let the community know why it matters.”

Originally published as Coal industry takes aim at taxpayer-backed activists after New Hope victory