THE first legal challenge to Shenhua’s Watermark open cut coal mine at Breeza in the Liverpool Plains got underway in the Land and Environment Court in Sydney today.
Farmers and conservationists have joined forces to bring the challenge through the local community organisation the Upper Mooki Landcare Group, represented by the Environment Defenders Office (EDO).
Koala on the Liverpool Plains Photo: Kate Ausburn
The EDO will argue on behalf of its client that NSW's independent approvals body the Planning Assessment Commission (PAC) approval failed to properly consider if the mine was likely to have a significant impact on the local koala population, in accordance with legal requirements.
Clearing for the mine would demolish 847 hectares of koala habitat, displacing an estimated 262 koalas across the next 30 years.
Koalas are listed as a threatened species – vulnerable to extinction and protected under state and federal law.
Planning law required the NSW government to determine if the mine would place a viable local population of koalas at risk of extinction.
If successful the judicial review would invalidate the development consent issued by PAC.
Shenhua put the numbers of Koalas for the Gunnedah local government area between 8613 and 16,893.
The Australian Koala Foundation, however, argued the real figure was much lower – between 800 to 1300.
The EDO will argue the PAC fell short of its duties in issuing an approval for the Watermark mine.
Any risk of extinction for threatened species caused by a project proposal must be identified during the approvals process under NSW law.
Shenhua Watermark project manager Paul Jackson told Fairfax media that Shenhua Australia stood by detailed assessments of the koala population contained in the environmental impact statement.
"The population estimate corresponds with the independent study previously conducted for the Gunnedah Koala Plan of Management commissioned by Gunnedah Shire Council and has also been agreed to by the NSW Office of Environment and Heritage," he said.
"Experts were commissioned to study the local koala population and habitat in developing management and revegetation plans and has committed to preserving 8000 hectares of preferred koala habitat in both the onsite offset areas and via additional land holdings."
Mixed cropper John Hamparsum, “Drayton”, Breeza is unhappy with the assessment process.
“I’m really disappointed... We’ve had big gaps in the water studies and a ‘pick and flick’ approach to research assessing the possible impacts on koalas.
"My family has planted about 5000 koala friendly trees in the past decade or so, and while not all of them have survived the drought, we’re working hard to improve the local environment.
"We see ourselves as custodians of the land, trying to improve things for the generations to follow, and then along comes this massive coal mine which will destroy our trees, rich soils and precious water."
The case will be heard by Chief Justice Brian Preston and is expected to run for four days.
Mike Foley
Senior journalist for The Land.
Senior journalist for The Land.
