Lawyers representing landholders in the footprint of Clive Palmer's proposed Galilee Basin mine say a recent court decision has stopped them from objecting to it in the Land Court on the basis of the mine's groundwater use.
Lawyers representing landholders in the footprint of the proposed Waratah Coal mine say a recent court decision has stopped them from objecting to it in the Queensland Land Court on the basis of the mine's groundwater use.Objecting to a mining lease on the basis of groundwater consumption and impact is no longer allowed
The Waratah mine's application had sat dormant since 2013 until October this year when the company applied for a Mining Lease and Environmental Authority with the Queensland Government. Sean Ryan, principal solicitor at the Environmental Defenders Office , which is representing the farmers, said a decision by the Queensland Court of Appeal had set a precedent that stopped landholders from objecting to some mine proposals on the basis of groundwater concerns, meaning groundwater has been excluded from their objection.
"In previous cases like in relation to Xstrata's Wandoan mine, or the Alpha mine, or the Adani mine, groundwater was considered in the mining objection period in the Land Court in relation to those approvals." As the New Acland case may now be heard by the High Court, the Department of Justice and Attorney-General was unable to comment on the issue.mine's Environmental Authority application should be refused on 11 grounds, including that the mine would cause environmental harm and not be ecologically sustainable.
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