MAULES Creek Community Council (MCCC) is battling Whitehaven Coal in the Land and Environment Court this morning, seeking an injunction to halt clearing of the Leard State Forest, near Narrabri.
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The NSW Environment Defenders Office (EDO) will represent the MCCC in an effort to halt clearing of 1385 hectares of the forest for construction of the mine, which is underway now. Winter forest-clearing is typically prohibited.
MCCC will argue that the Government’s approvals for changes to the mine’s Biodiversity Management Plan which permit clearing until the end of June are invalid.
If the MCCC is successful in its case, Whitehaven’s activities could be held up until November.
Whitehaven advised the Australian Stock Exchange that it would “vigorously” defend its actions, which it argues are in accordance with approvals granted by the director general of the Department of Planning.
MCCC spokesman Phil Laird said: "We believe that the clearing of Leard Forest during the winter months is unlawful and while that legal argument is heard in court, work at the site needs to cease."
The EDO said the clearing would include 624 hectares of rare forest such as the Box-Gum Woodland, which provides habitat for threatened species including koalas, the Swift parrot and the Regent honeyeater.
Whitehaven said the project is on schedule to send its first coal from pit to ship by March 2015.
Protests continue in the Leard Forest, with people in place to blockade clearing machinery. Police issued infringement notices to 36 protesters at the site last Saturday.
Mike Foley
Senior journalist for The Land.
Senior journalist for The Land.
