NSW Land and Environment Court has dismissed a challenge brought by the Upper Hunter Sustainable Industries Association Inc (UHSIA) to the Development Consent held by MACH Energy for the Mount Pleasant Operation near Muswellbrook.
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UHSIA had contended in the litigation that the Development Consent had lapsed in 2005. UHSIA was also seeking an order that MACH Energy be restrained from acting upon the Development Consent.
Justice Nicola Pain concluded that the Development Consent granted for the Mount Pleasant Operation had not lapsed because survey, geotechnical and construction work relating to the Project was undertaken within the period of time required under the Environmental Planning and Assessment Act for lawful "physical commencement" of development to have occurred. In light of that conclusion, her Honour dismissed the proceedings brought by UHSIA.
The judge also ordered that UHSIA is to pay MACH Energy's costs of defending the proceedings unless a notice of motion seeking a different costs order is filed within 14 days of the date of judgment.
MACH Energy Managing Director Scott Winter said that the Court's decision confirms the entitlement of MACH Energy to continue with the construction and operation of the Mount Pleasant Operation.
“MACH Energy is delighted with this successful outcome. It is a significant victory for our company, the Mount Pleasant Operation and the community of Muswellbrook and the Hunter Region,” he said.
“Our Mount Pleasant Operation is a declared State Significant Development of huge importance to the local area and to the contractors with whom MACH Energy is spending hundreds of millions of dollars.”
“MACH Energy was greatly surprised by UHSIA’s commencement of these legal proceedings. The time for proceedings of this kind to be taken, however hopeless they might have been, was back in 2005, not 2017. UHSIA was established by individuals closely associated with the Hunter Thoroughbred Breeders’ Association (HTBA).”
“According to UHSIA’s lawyer, who also acts as HTBA’s lawyer, his instructions in these proceedings were principally provided by Ross Cole. Mr Cole is the secretary of the HTBA, as well as being an employee of Godolphin, a horse stud in the Hunter Valley. Godolphin’s operation is so remote from the Mount Pleasant Operation that there would be no environmental impacts from the mine on its equine operation.
“Muswellbrook has been a coal mining region for well over a hundred years and Mount Pleasant is surrounded by existing coal mining operations. The coal industry and the horse breeders have co-existed successfully in the area for decades.”
“The UHSIA’s misconceived litigation put at risk the employment of up to 350 staff and contractors engaged during the construction phase of Mount Pleasant, and the employment of the operational workforce of over 300. It also jeopardised significant contributions from Mount Pleasant to Muswellbrook Shire Council and various community groups, as well as the multiple social and economic benefits of this project throughout the Hunter Region.”
Mr Winter said that it had been “business as usual” for the construction of the Mount Pleasant Operation during the proceedings.
“Our resolve to succeed with this project is stronger than ever. We remain firmly focused on our goal of producing first coal by the middle of 2018. Given the regulatory approvals and community support which we have received, we believe that this is what the State and Federal governments want and what our local community wants,” he said.