Activist farmers win High Court victory over mining giant
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An activist group of dozens of drought-stricken farmers has won the latest round in a 13-year battle to stop the expansion of a coal mine west of Brisbane.
In a 5-0 decision on Wednesday, the High Court overruled orders by Queensland’s Supreme Court in 2019 allowing New Hope Group to expand its southern Queensland New Acland Mine onto agricultural land.
But the decision has not deterred New Hope from pushing ahead with the project. The company said after the judgment it was seeking a guarantee from the Palaszczuk government that approval for the mine will go ahead.
High Court orders fresh hearings into approvals for New Acland coal mine expansion
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The New Hope Group has waited for stage 3 approval for 13 years.
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The High Court has ordered fresh hearings into the planned expansion of a controversial coal mine on Queensland s Darling Downs, potentially putting a halt to the project.
Key points:
A group of Darling Downs landholders win their appeal against the planned expansion of the New Acland coal mine
The mine s owners, New Hope Group, has been seeking approvals for the mine since 2007
The case will be sent back to the Queensland Land Court for fresh hearings
3 February 2021
A Queensland community group has been successful in a High Court appeal over the proposed expansion of the New Acland Coal Mine, which is set to be reheard after the court ruled that earlier judgements favouring the coal company had been impacted by “apprehended bias”.
New Hope Coal has long been pushing to expand the company’s New Acland coal mine in Queensland, which would almost double the amount of thermal coal produced by the mine, that is predominantly used for electricity generation.
The expansion faced legal challenges launched by local community group Oakey Coal Action Alliance, representing more than 60 local residents and landholders, which opposes the mine on the basis that it would destroy otherwise productive agricultural land. The group had been represented by the Environmental Defenders Office in the legal action.
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QRC calls on Queensland Government to introduce legislation to provide certainty around process to approve New Acland expansion – QRC Chief Executive, Ian Macfarlane
The Queensland Resources Council (QRC) will ask the State Government to provide certainty around the process required to approve an expansion of New Hope Group’s New Acland coal mine.
The QRC’s request comes after the High Court today referred an appeal by a small group of environmental activists against the expansion back to Queensland’s Land Court.
Chief Executive Ian Macfarlane said New Hope and the Queensland resources industry is looking for an assurance from the State Government that if the approval application is returned to the Land Court, the next ruling from the Land Court won’t be further delayed by challenges and appeals by activists.
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The Queensland Resources Council (QRC) will ask the State government to provide certainty around the process required to approve an expansion of New Hope Group’s New Acland coal mine.
The QRC’s request comes after the High Court referred an appeal by a small group of environmental activists against the expansion back to Queensland’s Land Court.
Chief Executive, Ian Macfarlane, said New Hope and the Queensland resources industry is looking for an assurance from the State government that if the approval application is returned to the Land Court, the next ruling from the Land Court will not be further delayed by challenges and appeals by activists.