New Acland mine back to court over 'error in law'

Oakey Coal Action Alliance launched a new legal challenge against the stage three expansion on Monday, just weeks after it was officially opened by Resources Minister Scott Stewart.

Represented by the Environmental Defenders Office, OCAA is challenging the Queensland government's decision to grant an associated water licence to NAC in the Land Court.

EDO lawyer Revel Pointon said the Alliance submitted that the government made "an error in law" when it approved the 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."

Ms Pointon said OCAA was seeking an assurance from New Acland Coal that it would refrain from any activity that may impact the water regulated by this licence, until its appeal had been heard.

After a 16-year approvals process, stage three was finally given the go-ahead in October last year and the company started recruiting staff.

The company had been pushing to open stage three to mine up to 7.5 million tonnes a year for another 12 years, but the project was halted by legal challenges.

Mining stopped in November 2021 when stage two coal reserves were exhausted.

New Hope CEO Rob Bishop says New Acland Coal filed an application in the Land Court to amend two specific conditions in the associated water licence "which are 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.

Mr Bishop said the challenge by "anti-coal lawfare activists" had "no merit" and "would create anxiety".

"It has no merit and is nothing more than yet another attempt to delay mining operations ..." Mr Bishop said.

"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."

The mining chief said the Queensland government had mechanisms it could action to ensure approved, regional projects, like stage three, could proceed with certainty.

"Otherwise it is giving permission for anti-coal lawfare activists to indefinitely challenge every decision the Queensland government makes," he said.

The Department of Regional Development, Manufacturing and Water declined to comment.

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