Shenhua mine classified documents centre of court case between Lock the Gate and NSW government

The documents are classified and Lock the Gate and its legal representative, the Environmental Defenders Officer, have likened the battle to fighting “with a blindfold on”.

Lock the Gate lodged a GIPA (freedom of information request) in July last year, shortly after the deal was announced. While some of the documents were handed over, the group says many of the crucial ones were missing.

Spokeswoman Georgina Woods said given the government could have legally halved Shenhua’s licence for free, the public deserves to know “why they felt they need to give a quarter of a billion dollars to a mining company”.

“NSW laws state anytime an exploration licence is renewed, it must be halved unless the company makes a strong case as to why it shouldn’t be,” Ms Woods said.

“The justification Shenhua made is one of the documents we’re fighting hard for.”

The documents are classified for various reasons – ranging from Cabinet exemption to commercial confidence – meaning EDO isn’t privy to them, nor any arguments involving them. EDO CEO David Morris said it was like “arguing with a blindfold on”.

“Large parts of Wednesday’s hearing was heard in confidential sessions,” Mr Morris said.

“All we can do is make submissions about what the tribunal should carefully consider when looking at the range of documents the government is claiming should be excluded from the public.

“We put forward our client’s view on how the law should be applied and importantly, how the words of the legislation should be applied, and entrust the tribunal will make the appropriation application.”

There is no formal timeline for the proceedings, however EDO said it could go for up to a month.