SMALL landholders Ian and Robyn Moore have scored a ‘David and Goliath’ win in the NSW Land and Environment Court after Justice Peter Biscoe ruled mining company Nucoal must relocate exploratory drill sites well away from their precious alluvium flats.
Mr Moore, “Strathmore”, took the publicly-listed company to court, arguing not enough was known about the aquifers and groundwater his cattle finishing property relies upon to allow exploratory activities for a planned longwall mine.
Although Mr Moore sought to deny complete access, this was impossible under the current Mining Act.
On Tuesday, water experts engaged by both sides visited the 182-hectare farm near Jerrys Plains in the Upper Hunter.
Lawyer Peter Long, acting for the Moores, said the Nucoal water experts immediately agreed the proposed sites for two drill holes were inappropriate.
“Doyles Creek Mine, which is a fully owned subsidiary of Nucoal, has access to explore for coal on the land at three holes only, and those holes were removed from the original proposed location,” Mr Long told The Land.
“Two of them were in alluvium and they have been moved well away from the alluvium, so as to significantly reduce any possible adverse impact on the groundwater, which was the Moores’ main concern.
“The Moores’ expert said ‘you can’t drill through the alluvium, it’s too dangerous’, and the Doyles Creek people agreed the holes should be moved well away.”
He said issues of Mr Moore’s well-documented limited eyesight would be addressed by terms and conditions of access ensuring high visibility equipment and fencing.
“The Moores are pleased, but disappointed they have had to go through this process to achieve this outcome. This groundwater was created millions of years ago when the Wollemi rose up, and it is beautiful water that enables them to strip graze top quality vealers and wean much later than is usual.”
Caroona Coal Action Group (CCAG) spokesman Tim Duddy said the case highlighted the deficiencies of the mining act.
“It reflects the ‘one size fits all’ approach – and while there is breath in my lungs I will make sure that this act is amended so that other valuable assets are (also) considered,” Mr Duddy said.
“That’s all Ian Moore was asking for, that they left his alluvium flats alone.
“It’s a bloody good outcome.”
The granting of the Doyles Creek mining licence (now held by Nucoal) by former Primary Industries Minister Ian Macdonald is the subject of an investigation by the Independent Commission Against Corruption (ICAC).
NSW Farmers president Fiona Simson said if Nucoal agreed to suspend activity while the ICAC inquiry took place, it would be “a very sensible outcome”.
