Fresh legal challenge to New Acland Stage 3

Oakey Coal Action Alliance has launched a new legal challenge against the New Acland Stage 3 coal expansion - a move the mine operator says jeopardises hundreds of regional jobs. Represented by the Environmental Defenders Office, OCAA is challenging the Queensland Government’s decision to grant an associated water licence to New Acland in the Land Court. OCAA has also sought an undertaking from New Acland Coal that it will not exercise its entitlement under the associated water licence to take or interfere with groundwater until the challenge is decided. Operations recommenced at New Acland in November last year, with more than 100 workers now on site as the permanent workforce ramps up to an expected peak of about 400. It came after the company secured the required associated water licence for its New Acland Stage 3 development following a legal battle stretching over 15 years. Most reviewed project in Queensland New Hope Group chief executive officer Rob Bishop described New Acland Stage 3 as the most reviewed and scrutinised resources project in Queensland’s history. "Over an extensive period, New Acland Mine Stage 3 has cleared every hurdle, including the Land Court process, the Coordinator 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 Internal Review," he said. "OCAA is seeking to overturn the Queensland Government’s decision to grant New Acland Mine Stage 3 an associated water licence. "The associated water licence has been subject to exhaustive reviews, comment and assessment by independent experts, peer reviewers, objectors, State regulators and Commonwealth agencies, in advance of, or during, the associated water licence application process. New Hope Group chief executive officer Rob Bishop. "OCCA’s latest legal challenge repeats arguments which have already been considered and rejected by previous decision makers. "It has no merit and is nothing more than yet another attempt to delay mining operations at the Queensland Government approved, New Acland Mine Stage 3. "The challenge will create anxiety for the local community and for the workforce of more than 100 local employees who recently returned to work at the New Acland Mine, with more intended to follow during ramp-up of operations." He said New Acland Coal had also filed an application in the Land Court to amend two specific conditions in the associated water licence which were inconsistent with the Coordinator General’s stated conditions and the conditions of the mining lease. "New Acland Coal’s preference was to resolve any inconsistencies in conditions of the approvals directly with the relevant Queensland Government departments, however, will now follow the Land Court processes in light of OCAA’s latest legal challenge," Mr Bishop said. No intentions of backing down OCAA secretary Paul King said the irreplaceable groundwater that sustained the Darling Downs agricultural region must be protected at all costs. "The Queensland Government treated these farmers and the water they rely on with contempt when it granted the associated water licence to New Acland, so we are stepping in where the government has failed," Mr King said. “We are seeking to ensure that the impacts to precious groundwater posed by stage 3 are finally properly assessed. “We have always said the Darling Downs is for farming, not coal mining, and we have no intentions of backing down now.” EDO managing lawyer Revel Pointon said OCAA maintained that the Queensland Government made an error in law when it approved the associated water licence. "We argue the groundwater impacts have still not been properly investigated and are so significant that this application to impact groundwater should have been refused," Ms Pointon said. “It’s worth noting that one of the reasons the Land Court originally recommended refusal for this mine expansion was the potential impact to groundwater, and the implications of this on future generations. “Due to a subsequent legal ruling from the Supreme Court on review, groundwater impacts were not able to be considered in the assessment of the environmental authority for this mine. This is an essential appeal to ensure that the proposed impacts of groundwater take are finally properly assessed."

Fresh legal challenge to New Acland Stage 3

Industry Queensland

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