ACLAND COURT BATTLE DRAGS

Further delays in lengthy legal saga

A LONG legal saga over the proposed $900m New Acland Coal mine Stage 3 expansion has shifted gear but is far from over.

The latest twist involved Land Court Member Fleur Kingham making orders in what she dubbed the “tortuous” application. The upshot is that New Acland Coal must now apply to the Coordinator-General to change some environmental authority conditions.

A LONG legal saga over a proposed $900m coal mine expansion at Acland has shifted gear but is far from over.

The latest twist involved Land Court Member Fleur Kingham making orders in what she dubbed the “tortuous” New Acland Stage 3 application.

The orders were delivered in Brisbane yesterday afternoon.

Pivotal issues included noise levels, and children’s burial sites in the proposed New Acland Coal expansion area north of Oakey.

The upshot is that NAC must now apply to the coordinator-general to change some environmental authority conditions.

Ms Kingham described amended noise limits ranging from 34 to 56 decibels, but those limits vary at different times of day.

The existing environmental authority said noise “must not cause an environmental nuisance, at any sensitive place.”

If new noise conditions aren’t approved, most likely by May 31 next year, the Land Court will recommend refusing NAC’s application.

The Land Court also ordered an investigation into the children’s grave sites, using an archaeologist.

Any graves found must be recorded.

The issues of costs remained undecided.

“It’s a bit hard to speculate with so many balls in the air,” Ms Kingham told Dr Christopher McGrath, Oakey Coal Action Alliance’s barrister.

Several locals voiced confusion in court about the future.

“I imagine your desire for an end date is shared by everybody,” Ms Kingham told one.

“I can share that desire with you.”

“A case like this distorts our stats dramatically,” she said to laughter from the public gallery.

“It’s certainly quite aged now”.