Farmers and conservationists have joined forces to bring the challenge through the Upper Mooki Landcare Group, represented by the Environment Defenders Office (EDO), and were out in force yesterday at the start of what is expected to be a four-day hearing.

The EDO will argue that the NSW Planning Assessment Commission (PAC), which approved the mine on behalf of the NSW minister for planning, failed to properly consider whether the mine was likely to significantly affect koalas, a threatened species, as required by law. 

The EDO said Shenhua’s plan for managing the impact of clearing 847ha of koala habitat during the establishment of the mine was to encourage the animals to “naturally move away from habitat that is being cleared”, but if this failed to happen, “then a translocation plan will be implemented”, an approach with high mortality rates according to environmental groups.

In submissions to the PAC, Shenhua used population estimates of between 8600 and 16,800 koalas within the Gunnedah Shire, while the Australian Koala Foundation estimates there are only between 800 and 1300 animals across the whole area. 

If the judicial review is successful, it would invalidate the development consent issued by the PAC.

Project manager Paul Jackson said his company stood by population assessments in the environmental impact statement. 

“Experts were commissioned to study the local koala population and habitat in developing management and revegetation plans and has committed to preserving 8000 hectares of preferred koala habitat in both the onsite offset areas and via additional land holdings,” he said.

Breeza mixed cropper John Hamparsum, who was in Sydney yesterday, is unhappy with the assessment process, particularly with regards to the possible impacts on koalas.

“We see ourselves as custodians of the land, trying to improve things for the generations to follow, and then along comes this massive coal mine which will destroy our trees, rich soils and precious water,” he said.