‘One of the biggest environmental scandals’: Govt probes into coal mine prompt external review

We’re sorry, this feature is currently unavailable. We’re working to restore it. Please try again later.

Advertisement

This was published 1 year ago

‘One of the biggest environmental scandals’: Govt probes into coal mine prompt external review

By Zach Hope

The Queensland government has commissioned a retired judge to lead an external review into its environmental powers and penalty regime following a much-criticised investigation into operations at a controversial coal mine.

Australian-owned New Hope Group has long been accused of illegal mining and noise disturbances at its New Acland Coal business, about 50 kilometres north-west of Toowoomba, and investigations by the Department of Environment and Science have dragged on for years or ended with minor punishment.

The New Acland coal mine, near Oakey, in Queensland’s Darling Downs.

The New Acland coal mine, near Oakey, in Queensland’s Darling Downs. Credit: New Hope Group

Anti-fossil fuel lobby group Lock the Gate Alliance lodged a complaint with the department in February and received a response this month, seen by the Brisbane Times, which acknowledged it was appropriate to review the government’s enforcement capabilities.

It has picked Richard Jones, who served a five-year stint at the Land Court in the late 2000s and for more than a decade on Queensland’s District Court and the Planning and Environment Court, to lead the probe. Jones was expected to hand down his findings this year.

The review would pay attention to the government’s ability to target “nuisances”, pollution and waste management, according to a government statement. It was not clear if it would be made public.

Loading

Among the criticisms and allegations contained in the complaint, the most serious involved New Acland Coal, a subsidiary of New Hope, opening a coal pit in early 2016 despite no approvals in the environmental authority of the time, or reference to it in the Environmental Impact Statement.

The department was aware of the new works, known as West Pit, but it was another two years until it began a formal investigation. The investigation wound up this year, after the pit was exhausted of hundreds of millions of dollars’ worth of thermal coal bound for the export market.

The department eventually sided with the objectors in June by labelling the pit an “alleged unauthorised disturbance” but elected not to test the grievance in court. Instead, it agreed with New Hope to an enforceable undertaking in which the company would plant $2 million worth of trees for koalas, improve training and protect a damaged landmark known as Bottle Tree Hill.

Advertisement

In a statement this week, Lock the Gate’s Ellie Smith said the “cooked up” deal between miner and department was one of the state’s “biggest environmental and social scandals”.

Environmental lawyer Chris McGrath previously claimed to the Brisbane Times that West Pit was “the most profitable environmental crime in Queensland history”.

The New Acland Coal “Mine Plan 2020”, as per the 2006 Environmental Impact Statement for stage two. The EIS does not identify a West Pit.

The New Acland Coal “Mine Plan 2020”, as per the 2006 Environmental Impact Statement for stage two. The EIS does not identify a West Pit.Credit: 2006 NAC stage two EIS

Throughout the process, New Hope has maintained its position that West Pit was lawful because it was within the company’s existing mining leases. Moreover, nowhere in the documents did the government prohibit such adventures. In a company newsletter, it described this year’s outcome of an enforceable undertaking as an “investment” into “an enhanced rehabilitation project”.

The department defended the terms of the deal, but conceded in its response to Lock the Gate it was a long time coming.

“I understand inquiries into this matter were complex and involved questions of law and a substantial amount of documentation and correspondence received over a number of years, consideration of which was material to the time frame for finalising,” a government compliance executive wrote.

“While recognising this, the department notes the time frame for reaching an enforcement outcome in this case may have been less than desirable, however unavoidable.”

West Pit as of April 2021. By this time, the mining had cut off the west side of Bottle Tree Hill (right of frame).

West Pit as of April 2021. By this time, the mining had cut off the west side of Bottle Tree Hill (right of frame).

Days after the department announced the $2 million undertaking, it approved New Hope’s Environmental Authority for the long-contested stage three expansion plans. Resources Minister Scott Stewart gave his approval in August. The miner now awaits a final tick from Water Minister Glenn Butcher and his department to grant an associated water licence.

Lock the Gate’s formal complaint also highlighted complaints about noise and dust and the government’s apparent failure to take meaningful action. In one 10-week period in 2019, the mine breached noise limits 34 times and was handed a penalty infringement notice (PIN) of $9461 for what the department considered to be a “major” impact, the group wrote. According to the government’s guidelines, PINs were meant for minor infractions.

The government’s letter said the recommendations from the review into its environmental powers and penalties would help “improve the effectiveness and timeliness of decision-making”.

The damage to Bottle Tree Hill from New Acland Coal’s historical mining. Part of the agreed “enforceable undertaking” is for the company to preserve the hill in perpetuity.

The damage to Bottle Tree Hill from New Acland Coal’s historical mining. Part of the agreed “enforceable undertaking” is for the company to preserve the hill in perpetuity.Credit: Zach Hope

The New Acland mine has been in care and maintenance since late last year, when it dug West Pit to the edges of its leases and had nowhere left to go. Stage three would mean 600 construction jobs and 400 ongoing, according to New Hope, which this month began encouraging locals to register their interest.

Despite the concerns surrounding the New Acland investigations, the department has recently secured legal victories, albeit with relatively small court-imposed fines.

Energy giant Origin was fined $60,000 in the Brisbane Magistrates Court in July for two unauthorised releases of almost 800,000 litres of “CSG-contaminated” water in early 2020 near the town of Wandoan. Last month, Rio Tinto was fined $57,000 for a 2020 chemical leak at an alumina refinery near Gladstone.

Most Viewed in National

Loading