Australia's leading thoroughbred breeders are set to embark on a legal challenge against the approval for the re-opening of an underground mine in the Upper Hunter.
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The NSW Land and Environment Court has accepted the application from the Hunter Valley Thoroughbred Breeders (HTBA) to join the merit appeal against the Dartbrook Coal Mine Modification 7.
Dartbrook mine is located near Aberdeen and is in close proximity to leading studs including Godolphin's Kelvinside property and Yarraman Park stud.
The mine was been closed since 2006 when its then owner Anglo American placed it in care and maintenance. It was sold tin 2016 to new players Australia Pacific Coal who have been working through the approval process to have the mine reopened and its production life extended.
All the while the HBTA, Upper Hunter Shire and many members of the local community have been working to stop such a scenario arguing the mine is uneconomic and a significant threat to water supplies and the other agricultural industries that currently operate successfully and sustainably in the region.
Following the Independent Planning Commission's approval for the reopening last year albeit only for three years not the five requested by the owners the company decided to mount a legal challenge to that ruling.
In what those opposed to mine describe as a major blow to community representation the IPC agreed, after conciliation, to accept the owners request for the five year mine plan and other modifications.
Given the high cost of mounting a legal challenge to this ruling it fell to the HBTA to find and fund the resources to fight the approval in the Land and Environment Court.
HBTA are also busy fighting another underground mine proposal near Jerrys Plains. Maxwell Coal Project is located on land neighbouring two of the world's leading thoroughbred studs Coolmore and Godolphin's Woodlands property.