MEMBERS of the Plains Wanaruah People are celebrating a historic win this week in the NSW Land and Environment Court.
The court has placed an injunction on the operations of Ashton Coal stopping the company from undertaking various developments at the mine until another court hearing on November 1.
Plains Wanaruah People group member Robert Lester took Ashton Coal to court arguing the company’s plan to construct gas wells would destroy significant aboriginal cultural sites.
In addition Mr Lester argued Ashton Coals plans to release methane gas into the atmosphere from the mine site was detrimental to the health of his community and the non-indigenous community.
He also argued the release of the gas would adversely affect the environment for future generations.
In his judgment his week Justice Biscoe accepted that Ashton Coal “not carry out works for the purpose of the construction of any new gas wells (including any land clearing for such purpose) until November 1 2011.
Justice Biscoe also made a restraining order which Ashton Coal opposed stating the company ïs also restrained from carrying out salvage works under the Aboriginal Heritage Impact Permit granted 25 August 2011 solely for the purpose of the construction of any new surface gas wells until November 1.
Representing Mr Lester in court was the Indigenous Justice Network. The Network’s advocate researcher, Al Oshlack said it was a great win for the local indigenous community.
Ashton Coal was attempting a type of longwall underground mining practice that have never been done in Australia before.
“They want to longwall four layers whereas all other operations do one layer – we could see a land subsidence of more than eight metres in this operation, ” Mr Oshlack said.
Ïf that occurs it will destroy the land and all the significant cultural sites surrounding the area.
“The release of the methane gas is another issue that impacts on everyone’s health and the wellbeing of the environment,” he said.
In a second court hearing Mr Lester alleged Ashton Coal had destroyed significant aboriginal cultural sites and in doing so had breached the conditions of its development application consent.
Mr Oshlack said they local community wanted access to the mine to inspect the alleged damage to Bowmans Creek.
“We believe there has been significant damage to the Bowmans Creek site – ‘the longwall mining has cracked open the creek bed, ” he said.
“This site is one of the oldest in Australia between 10,000 to 20,000 years old – it’s a huge indigenous site, it is very important to the local community,” he said.
The Network’s request for the local community to have access to the site was also opposed by Ashton Coal.
But it was granted by the court and it means Wonnarua members can go on site with independent experts including archaeologists to inspect the Bowman Creek site and prepare a report for the court.
A spokesman for Ashton Coal said the company had received approval for a modification to its development consent in June this year, which allows the development of gas ventilation bores on the surface above Ashton’s underground operations.
In September an appeal was lodged against the approval.
Due to this week’s court decision Ashton Coal will in good faith, temporarily reschedule the development of the ventilation bores without interfering with current mining operations the spokesman said.
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