judgment

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd - judgment

Litigation

Sabin

Sabin Litigation

decision

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd - decision

order

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd - order

Filing Year For Action

The case centers around the granting of the Stage 3 mining project of the New Acland Coal ("NAC"). NAC, a wholly-owned subsidiary of the New Hope Group, operates a coal mine in Queensland. After expending the mine operation for the first time in 2005, NAC first applied to expand the operation one additional time (the proposed expansion and its amended versions are collectively referred to as "Stage 3 project") in 2007. Steps were taken to prepare for an environmental impact statement ("EIS") under the State Development and Public Works Organisation Act 1971, which was necessary for further approvals under the Mineral Resources Act 1989 ("MRA") and Environmental Protection Act 1994 ("EPA"). However, after the Queensland Government announced its renunciation of the project, based on the project's damage to the mine and agricultural land, the EIS process halted in 2012.

NAC reacted by revising the Stage 3 project. The new version proposed a smaller mine output. The new Stage 3 project was re-evaluated and was recommended for approval by the Queensland Coordinator-General in December 2014. However, in 2015, when the revised proposal was publicly advertised for objections under the MRA and EPA, multiple objections were made by surrounding farmers and landowners. Among the active objectors was Oakey Coal Action Alliance ("OCAA"), an incorporated non-profit charity committed to protecting the soils, waters, and the farming families who rely on them. Objections were heard in the Queensland Land Court, leading to Member Smith recommending against the Stage 3 project on May 31, 2017. The refusal was based on reasons relating to noise, groundwater, and intergenerational equity.

Judicial review was sought by NAC on Member Smith's recommendation. Justice Bowskill of the Supreme Court of Queensland found that Member Smith erred because groundwater quantity and intergenerational equity were not within the jurisdiction of the Land Court to consider in an MRA and EPA objection hearing, and because his honour failed to exercise the discretionary power conferred on him by §190 of the EPA in ruling on noise. The case was remanded to the Land Court, heard by President Kingham this time. Her Honour delivered the decision on Nov. 7, 2018, that the Stage 3 Project may be approved under the condition of lowering the noise limits. Following this decision, NAC applied to change the noise conditions. While OCAA appealed (and NAC cross-appealed) on the Supreme Court of Queensland's decision on May 30, 2018, the appeal was found unsuccessful on Sep. 18, 2019.  

Following the dismissal of the appeal from the Court of Appeals, OCAA applied for special leave to appeal to the High Court of Australia on Nov. 29, 2019. The High Court heard the case on Oct. 6, 2020, and on Feb. 3, 2021, reverted the matter to the Land Court once again for a redetermination according to law. As a result, Member Stilgoe of the Land Court recommended the Stage 3 project under stricter conditions on Dec. 17, 2021.

Following the somewhat unsuccessful result after years of litigation, OCAA brought a new challenge against the Stage 3 project in May 2023. This time, the challenge was based on the Queensland Government's 2022 decision to grant an associated water license to NCA. However, OCAA made the decision to withdraw the appeal in January 2025. 
NCA has been extracting coal under the Stage 3 expansion since September 2023.

Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd