CHINESE mining giant Yancoal has been stopped in its tracks from proceeding with an open cut mine in the historic village of Camberwell due to the actions of local landowner Wendy Bowman.
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The ruling means the company cannot pursue it’s South East Open Cut extension without Ms Bowman’s permission.
The NSW Court of Appeal upheld a historic December 2014 Land and Environment Court decision that said no development associated with the project could occur until Ashton had acquired the private property.
It was the first time a court had imposed such a condition.
The seven-year battle began when Ms Bowman refused an approach from Yancoal to grant access to the 190-hectare parcel of land, which contains about 60per cent of the coal the company wants to mine as part of its expansion.
‘‘I’m very happy ... it [the court decision] sends a clear message that you don’t have to be pushed around by these bastards who want to make your life hell,’’ Ms Bowman said.
‘‘The mine would destroy my farm and irreparably damage Glennies Creek and the Hunter River. I will not be selling.’’
Another Camberwell resident, Deidre Olofsson, said the community’s fight against the mining industry’s encroachment on the village had come at a huge cost.
‘‘One thing I can personally say about Camberwell is that the fight for survival has produced exceptional individuals and a support network to help out in time of need.’’
Hunter Environment Lobby spokeswoman Bev Smiles also welcomed the decision, but added it was unfortunate most mine approvals did not enjoy the same third-party merit appeal rights.
‘‘Ordinarily this mine would be going ahead regardless of what local landholders wanted and there would have been no legal avenue to challenge the approval.’’
‘‘This shows how important it is for community groups to have access to the courts for third party merits appeals of mining approvals.’’
An Ashton Coal spokesman said the company was assessing the implications of the Supreme Court judgment.
‘‘The proposed open cut mine is expected to produce up to 3.6million tonnes per annum run of mine semi-soft coking coal for a period of seven years,’’ he said.
The South East Open Cut Project was initially approved by the NSW Planning and Assessment Commission in 2012. ‘‘Approval was granted following a thorough environmental assessment of the project, in accordance with all regulatory requirements.’’
Originally published as Court stops Hunter Valley mine in its tracks by Newcastle Herald.
