A legal challenge is underway against NSW Government’s approval for Shenhua's controversial Watermark coal project in the Liverpool Plains.
On January 29 the NSW government approved the Watermark project, following assessment by its independent approvals body the Planning Assessment Commission.
The Upper Mooki Landcare group has appealed NSW government’s approval in the Land and Environment Court, represented by the Environment Defenders Office.
They will argue NSW Government failed in its approval to properly consider whether the mine was likely to significantly affect Koalas law and that if the mine goes ahead it will clear 847 hectares of koala habitat.
EDO NSW principal solicitor Sue Higginson said planning law required an the government to determine if the mine would place a viable local population of Koalas at risk of extinction.
“The assessment of significance [impacts] for the Koala is totally inadequate. No details of the actual Koala population to be impacted upon, nor what impact the Project will have on the population is provided.”
Koalas are listed as vulnerable to extinction and protected NSW and Commonwealth law.
Federal Environment Minister Greg Hunt, who is jointly responsible for the project approval, is yet to make a determination on the project.
On February 27 he announced the approval process had been halted to allow advisory body, the Independent Expert Scientific Panel (IESC), to review the project.
The IESC is expected to report to Mr Hunt this week, who is expected to respond shortly after.
NSW Minister for Planning Rob Stokes has been contacted for comment.
More to come
