CONCERNS over the impact of Shenhua Watermark’s proposed $1.2 billion coal mine on one of Australia’s most iconic animals will form the basis of a legal challenge against the project’s approval.
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The Upper Mooki Landcare has engaged the NSW Environmental Defenders Office to launch a judicial review case against the state’s peak independent planning authority’s decision to approve the mine.
The group is arguing the Planning Assessment Commission (PAC) did not adequately consider the open-cut mine’s potential impact on the region’s fragile koala population in its findings.
If the NSW Land and Environment Court finds in its favour, the PAC’s ruling could be declared null and void, however, it would have no bearing on any Commonwealth approval.
“The Gunnedah region is recognised as the ‘Koala Capital of the World’ and the Watermark mine will leave at least 262 koalas homeless,” Upper Mooki Landcare chairwoman Nicky Chirlian said.
“We believe that the decision by the NSW Planning Assessment Commission to approve the Shenhua Watermark coal mine was based on a legal error. We will be arguing that the decision-maker did not comply with threatened-species requirements when it was considering the impact on vulnerable koalas that live in the area.”
Last November, the PAC ruled the project, which would see 268 million tonnes of coal extracted over 30 years from three pits at Breeza, could proceed, subject to “stringent requirements”.
However, the Commonwealth is still assessing the mine’s predicted impact on groundwater resources, with a decision from Environment Minister Greg Hunt expected in the coming weeks.
Shenhua estimates there are between 8000 and 17,000 koalas in the Gunnedah area and says its activities will result in the displacement of just 262 specimens during the life of the mine.
However, the Australian Koala Foundation claims the Chinese government-owned subsidiary has wildly overestimated the koala population and that actual numbers are between 800 and 1300 animals.
To compensate for the “unavoidable impacts” on the marsupial, Shenhua plans to “translocate” koalas onto 4626 hectares of “preferred koala habitat” put aside to off-set clearing for the mine.
However, Ms Chirlian said koalas were highly territorial and similar translocation schemes had failed dismally in the past.
“Koalas are an endangered species, they are listed as that at a state and federal level ... and our concern is we would lose this whole population. The evidence from previous translocation projects shows that it causes koala deaths, including one project in Victoria where 90 per cent of translocated koalas died,” she said.
