Coal news and updates

The future of a New South Wales Hunter Valley coal mine that has sat mothballed for over a decade appears set for a final legal showdown between a cash-strapped mining company, local horse breeders and planning authorities.

 

The Land and Environment Court (LEC) has allowed, in a limited capacity, the involvement of the Hunter Thoroughbred Breeders Association (HTBA) which has been attempting to block a proposed extension to the planning approval for the Dartbrook underground coal mine.

 

The mine near Aberdeen has been sitting mothballed since 2006, however, the mine's owner Australian Pacific Coal (AQC) applied for a five-year extension that would pave the way for operations to resume through until 2027.

 

After initially rejecting parts of the application, the Independent Planning Commission (IPC), as a delegate of the Minister for Planning, reached an agreement with AQC to grant the extension, but its validity has since been legally challenged multiple times by the Hunter Thoroughbred Breeders Association (HTBA).

 

HTBA was seeking substantial involvement in a conciliation conference that would allow them to submit written and oral arguments, cross-examine witnesses and put forward evidence.

 

AQC opposed this, arguing the Court had no power to make the order, and that it would result in unreasonable cost and delay.

 

Justice Duggan ruled that HTBA's involvement be limited to purely written submissions on just two aspects of AQC's extension proposal. 

 

She said the Senior Commissioner "may be assisted by a clear and concise statement of the submissions made by HTBA's legal representatives that clearly take a divergent view of the power to impose such conditions".

 

HTBA will have until July 23 to make its submissions.

 

Source : https://www.abc.net.au/news/2021-07-19/dartbrook-resumption-of-operations-step-closer-court-decision