In October 2015 over 1200 objections were lodged against Acland Stage 3. The Oakey Coal Action Alliance, the Darling Downs Environment Council, one Scientist, One Doctor, nine Farmers and one resident put their cases to the Land Court of Queensland. For nearly two years they fought an existential fight to save the Groundwater and Farmland from destruction.
They travelled on the Greyhound Bus from Acland to Court each day to present more evidence than the Mabo case about why Stage 3 should not proceed. They won. But it didn’t end there.
New Hope Corporation (Acland Mines owner) appealed to the Supreme Court of Queensland to restrain the Minister from acting on the Land Courts recommendation. They appealed to the Supreme Court again to say the Judge, the Late Paul Smith, was biased. They failed. Meanwhile however, the Queensland Government changed the law to take Groundwater out of the mining licence process. Despite the fact that the case was mostly heard before the change, the Court ruled that there should be a new Land Court hearing without Groundwater, and the case was heard again.
OCAA went to the Court of Appeal said the second land court hearing was declared invalid. New Hope pressed their claim that the original Judge was biased. The Court ruled there was an apprehension of bias, but that parts of Judge Smith’s findings that did not go against New Hope could still be used.
OCAA appealed this to the High Court of Australia on five counts, and won on all. The High Court said that the whole process was invalid and sent us back to the Land Court for a third time.
This last hearing was on restricted grounds because new laws took the mines use of water out of consideration and the Queensland Minister for Mines approved the project. OCAA has now returned to its original objection on groundwater and is fighting to have the Associated Water Licence reconsidered. Our Lawyers at the Environmental Defenders Office are currently preparing our case which is expected to be heard in the second half of 2024.
Barrister Chris McGrath has prepared a legal chronology of events which you can read http://envlaw.com.au/acland/
Rosenberger’s Farm
Link to Rosenberger's Farm video
