26 July, 2023
OCAA challenge threatens to stop work at Mine
The Oakey Coal Action Alliance (OCAA), through its lawyers at the Environmental Defenders Office, lodged a “stay” application last Friday in what they say is an attempt to stop New Acland damaging groundwater aquifers.
It’s the latest step in a long legal action process and OCAA has said it doesn’t believe there are any further legal avenues to take after this point.
The group lodged an appeal in May against the Queensland Government’s decision to grant an associated water licence to New Acland Coal’s Stage 3 mine.
New Acland is continuing to clear the site in preparation for coal mining to commence this year, and say the work will continue until instructed otherwise by the Land Court.
OCAA say it will bring evidence that these mining activities have the potential to cause irreparable damage to groundwater aquifers.
The stay application seeks to prevent work at the mine which may affect groundwater aquifers while the appeal is underway.
New Acland has also made an application to the court for relief from an obligation to fill its voids above the groundwater level or make good its draw down from a basalt aquifer.
OCAA said it will oppose New Hope’s application, arguing that it would further damage ground-water systems.
Long time opponent of the mine, OCAA secretary Paul King said he is putting farmers first.
“Farmers can’t afford to lose the groundwater that sustains agriculture in this region,” Mr King said.
“We’ve always said the Darling Downs is for farming, not mining.
“New Acland is refusing to pause operations while we have our rightful day in court.
“That’s why we’re taking this additional step to prevent New Acland from mining coal and damaging the aquifers that dairy, beef and grain farmers rely on to produce fresh food for Queenslanders.
“The original Land Court decision found in our favour on water, and we will be making the strongest case possible that it should do so here again.”
A New Hope spokes-person released the following statement following OCAA’s stay application and said that Mr King was “kidding himself.”
“The Queensland Government has approved New Acland Mine Stage 3 following thorough and proper processes,” the statement said.
“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 independent, Internal Review evaluated every aspect of the project and found New Acland Mine Stage 3 stacks up environmentally, socially and financially.
“The Oakey Coal Action Alliance’s stay application, which has the backing of the tax-payer funded Environmental Defenders Office, is without merit.
“The Oakey Coal Action Alliance’s fresh legal actions are merely yet another attempt to delay mining operations at the
Queensland Government approved, New Acland Mine Stage 3.
“The High Court on appeal found that the original Land Court decision was unsound due to apprehended bias against New Acland Coal and the High Court ordered the Land Court to reconsider the matter in full.
“The Land Court did and, since then, New Acland Coal has proven its project environmentally, socially and financially and has been awarded the required approvals every step of the way.
“We have every confidence in our position and stand up against the Oakey Coal Action Alliance for the hundreds of local families whose livelihoods rely on New Acland Coal.
“We are committed to developing New Acland Stage 3.”
