New Acland mine expansion clears court hurdle

On September 18 the Court of Appeal dismissed an appeal from the Oakey Coal Action Allowance against the expansion of the Darling Downs-based mine but allowed a cross appeal from New Acland Coal, following the overturning of Land Court's 2017 decision recommending mining leases be rejected was affected by apprehended bias.

The Oakey Coal Action Allowance's appeal hinged on the argument that the Land Court did have jurisdiction to consider the impacts of the mine on groundwater while the cross appeal claimed Judge Helen Bowskill was wrong to find the Land Court's decision was not affected by apprehended bias.

The September 18 Court of Appeal reasons could have opened the way for a rehearing of the case but on Friday the court made final orders and while it declared procedural fairness had not been accorded, subsequent decisions to grant the environmental authority were left in place.

In a statement to the Australian Securities Exchange following the decision, parent company New Hope Group called for the state government to immediately grant the remaining mining leases, water licence and approval for the continued use of the Jondaryan loadout facility.

"Obtaining final approval as soon as possible is critical to ensuring continuity of operations and will not only provide certainty for the current workforce but help create approximately 400 new jobs in the region," the statement read.

A spokeswoman for Minister for Natural Resources, Mines and Energy Anthony Lynham's office said the government would now consider the court decision.

But the graziers behind the Oakey Coal Action Alliance have vowed to keep fighting against the expansion.

Alliance secretary Paul King described the ruling as a "hammer blow for farmers already under severe strain from a worsening drought".

"Oakey Coal Action Alliance is disappointed by the decision," he said.

"We are now considering the judgement and our options.

"There is still a massive question mark about groundwater impacts to be considered in relation to this mine.

"Farmers can't afford to see groundwater drained away and Queensland can't afford to lose some of the best farmland in the state.

"The mine still doesn't have an associated water licence or planning interest approvals, and we don't believe they should be granted either given the severe impacts it will cause."

The Construction, Forestry, Maritime, Mining and Energy Union has also weighed in on the ruling, pointing out it came too late to save the jobs of 150 retrenched New Acland workers who had their last day on the job on Friday.

CFMEU Mining and Energy Queensland Vice President Shane Brunker called on Dr Lynham to grant the water licence and mining lease quickly to allow the project to go ahead.

"As soon as any work begins on the site, the company must prioritise rehiring the workers who have been laid off through no fault of their own," he said.

"To overlook them and hire contractors or bring in new workers would be a slap in the face for their loyal workforce and the community that put so much energy into supporting the New Acland expansion.

"To make sure New Hope does the right thing, Minister Lynham should make rehiring the retrenched workers a condition of the mining lease."