September 10, 2019
The issue of groundwater and the proposed New Acland Stage 3 coal mine expansion are back to square one following the release on Tuesday of a judgment by the Queensland Court of Appeal.
The judgment, ruling against an appeal by the anti-mine Oakey Coal Action Alliance (OCAA), is the latest in a string of complicated court proceedings linked to the New Acland mine that date back to 2016.
Matters canvassed in the latest judgment include the apprehension of bias in the original Land Court decision and jurisdictional issues linked to groundwater.
All applications by the OCCA have now been referred back to the Land Court to be reheard.
OCCA was ordered to pay New Acland Coal’s appeal costs.
A statement by New Hope – the parent company of New Acland Coal – released after the judgment said the company was pleased with the outcome.
“(The company) will wait for the Court to make its final orders before assessing the next steps for the New Acland Stage 3 project,” the statement said.
“New Hope remains committed to delivering the New Acland Stage 3 project in a timely manner to ensure continuity of operations and ongoing employment in the region.”
OCCA secretary Paul King said the case would now have to be reheard in its entirety.
“This is a very difficult outcome for local farmers who have lived with this threat for 10 long years and now face more uncertainty,” he said.
“The farming land around Oakey is classed in the top 1.5 per cent in Queensland. It is madness that it should be destroyed for the sake of a temporary coal mine.”
Earlier on Tuesday, New Hope Corporation requested a trading halt on the ASX until Thursday morning.
- External link: Court of Appeal judgment (335kb PDF)
- Editorial: It’s Time To End The Acland Saga
- Axe Falls As Acland Deadline Passes
- Petition Backs Acland Expansion
- Acland Expansion Moves Closer
- MP Welcomes New Acland Orders
- Mine Sent Back To Land Court
- New Hope Launches Acland Review
- Acland Farmers Celebrate Small Win
- New Hope Seeks Review Of Acland Coal Mine Ruling
- MP Urges Premier To Ignore Acland Ruling
- Court Rules Against Acland Expansion
- Lock The Gate Says Mine Threatens Water Supplies
- Step Closer For Acland Mine
- Water Decision ‘To Cost 700 Jobs’
- Mayor Calls For Acland Expansion
- MP Rejects Mine ‘Hypocrisy’
- Court Bid To Stop Acland Expansion
- New Hope Coal ‘Paying Acland Royalties To Itself’
- 1300 Objectors To Mine Expansion
- Petition Supporting Mine Presented To Parliament
- Anti-Mine Group Praises Acland ‘Review’
- First Tick For New Acland Coal Mine
- Anti-Mining Group Releases Acland Report
- Have A Say On New Acland
- Terms Fixed For New Acland Mine
- Call For Comments On New Acland Expansion
- New Hope For Acland Miners