Australian Pacific Coal granted appeal in Dartbrook decision

Dartbrook coal mine.

Dartbrook coal mine. Image: Australian Pacific Coal.

Australian Pacific Coal (AQC) has been granted leave to appeal the Land and Environment Court’s decision to join the Hunter Thoroughbred Breeders Association (HTBA) in barring an extension to the Dartbrook coal mine in New South Wales.

The NSW Court of Appeal granted the appeal and removed the HTBA as a party to the Land and Environment Court Proceedings.

AQC has now entered a revised agreement with the Minister of Planning and Public Spaces about the five-year extension of mining operations at Dartbrook.

The HTBA has been ordered to pay Australian Pacific Coal’s costs of the appeal.

According to AQC, the HTBA has made an application to the Land and Environment Court to participate in Land and Environment Court proceedings, which will be heard on 6 July 2021.

This involves assisting the court in determining the proceedings as an amicus curiae (friend of the Court).

According to Australian Pacific Coal, the Court cannot be asked to dispose proceedings related to the revised Dartbrook extension agreement.

This falls under section 34 of the Land and Environment Court Act.

AQC stated that it has opposed the application.

“The Court cannot be asked to dispose of the proceedings pursuant to the revised section 34 agreement until after the HTBA application has been decided,” AQC stated.

In March, Australian Pacific Coal extended its strategic review of Dartbrook after the company could not finalise a board decision on capital raising.

AQC’s application for a five-year extension to Dartbrook was previously rejected by the New South Wales Independent Planning Commission due to air quality, noise, subsidence groundwater and greenhouse gas emissions.

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