In good news for those opposed to the development of an open cut coal mine in the Bylong Valley a legal application by the Bylong Valley Protection Alliance (BVPA) to become a full party a court case to defend a planning decision to reject the mine has succeeded.
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The Alliance who was represented by the NSW Environmental Defenders Office will now be able to challenge the coal company, behind the project, KEPCO's evidence in court.
KEPCO is appealing last year's ruling by the Independent Planning Commission (IPC) to refuse a new open cut coal mine. The IPC has declined to take an active role in defending its decision.
The Bylong Valley is sandwiched between two major coal mining areas at Muswellbrook and Ulan/Wollar but to date it has remained a purely agricultural area with considerable heritage and natural environmental assets.
Korean-owned, Kepco Bylong Australia had sought approval to develop an open cut and underground coal mine in the Bylong Valley to extract up to 120 million tonnes of run-of-mine coal over 25 years for the thermal coal export market.
EDO CEO David Morris welcomed the court decision to admit the community group as a full party in court.
"We're obviously very pleased that we've been successful in having our client joined to the court case as a full party," said Mr Morris. "It's vitally important that the local community, who would bear the brunt of the impacts if the mine goes ahead, have a full voice in court.
"This local community was so relieved when the IPC refused the mine last year, but will now have to fight to keep that outcome, and we've very pleased to be able to facilitate that opportunity.
"Our client wants to protect their beautiful valley, their farms and their heritage, from the destruction that would be wrought by the massive open cut coal project, proposed for the valley."
The original ruling made by the IPC in September last year found the risks posed by KEPCO's proposed coal mine to water, land, and future generations through its contribution to climate change were too great.
As a full party with legal representation by the EDO, the BVPA will be able to object to evidence presented by KEPCO, cross-examine witnesses and file their own evidence.
BVPA president Phillip Kennedy welcomed the court's decision saying "This is great news because we need to preserve agricultural land more than ever right now."
"This means the court can hear first hand evidence from us. We can cross examine KEPCO if we're there at the coal face, so to speak, rather than sitting and watching on the sidelines. "We should be heard, because this decision is directly affecting us."It's always been a David vs Goliath battle, with governments supporting Goliath.
"Particularly the State Government appears to want to turn NSW into little more than a cleared patch of land. "We need to preserve agricultural land for longevity, not destroy it for a temporary coal mine." The case will be heard in the Land and Environment Court from August 24-27, 2020.
