Hunter Environment Lobby (HEL) has vowed to keep holding coal companies and government approval bodies to account after Hunter Valley Operations announced it was withdrawing its HVO Optimisation Project proposal and would resubmit a new plan. [1]
“We are delighted that HVO has walked away without a fight, but we know they’ll be back,” HEL spokesperson Jan Davis said. “And when they are, we’ll be waiting for them.”
In June, HEL took legal action through its lawyers at the Environmental Defenders Office seeking to overturn a federal decision that allowed the project to move to the next stage in the federal environmental approval process. [2]
However, this week, before HEL’s case could be heard by the Federal Court, HVO announced it was withdrawing the application and submitting an amended plan. Consequently, HEL’s legal action is being discontinued.
The original HVO Optimisation Project proposal would have extended the life of two adjacent mines in the Upper Hunter by up to 25 years to 2045 and 2050. Under the now-withdrawn proposal, the company would be permitted to extract 400 million tonnes of coal, which when burned would have added 1.16 billion tonnes of CO2 equivalent to the atmosphere, more than Australia’s total annual emissions. [3]
In June, HEL asked the Federal Court to quash a preliminary decision of a delegate of the Federal Environment Minister. HEL argued the minister’s delegate failed in her legal duty to adequately consider the impact of climate emissions from the project on the Great Barrier Reef, a Matter of National Environmental Significance under the federal Environmental Protection and Biodiversity Conservation Act. A technical report by Professor Michael Bode forecast the project’s emissions would destroy 1000 hectares of reef. [4]
Ms Davis said: “We don’t expect this to be the end of the matter, so we will continue to explore ways to use the law to achieve just outcomes for communities, climate, species and ecosystems.
“HEL is committed to holding mining companies and government approval bodies to account to ensure they uphold the environmental protection laws they have to work within.
“It is not clear to us at this stage what changes the company plans to make to its development application.
“However, we do know that there is nothing they can do that change the basic fact that coal mining is pumping billions of tonnes of carbon pollution into the atmosphere, which is driving catastrophic changes to our climate and more extreme weather.
“Climate change is killing the Great Barrier Reef and threatening species, ecosystems and communities across the Hunter region, Australia and the world.
“We will not sit by idly and let coal companies throw fuel on the fire of climate change. We will watch very closely to see what moves the company makes next.”
Legal counsel for HEL in this matter are Jackson Wherrett and James Emmett SC.
KEY FEATURES OF THE PROJECT
- HVO Optimisation Project is a joint venture by coal giants Glencore and Yancoal, which own the two adjoining mines — HVO North and HVO South.
- 25 additional years of mining. Mining can continue until 2050 at HVO North and 2045 at HVO South, 25 years longer than currently approved. [5]
- 400 million additional tonnes of coal extracted. During the additional 25 years of operations, the mines will extract 400 million additional tonnes of coal, averaging 16 million tonnes a year. [6]
- 1.16 billion additional tonnes of greenhouse gas emissions (GHG) are estimated to be emitted This includes 29 million tonnes of CO2 equivalent on site and more than 1 billion tonnes generated off site when the coal is burned. 1.16 billion tonnes is more than double Australia’s total GHG emissions in 2023 [7] (Or more than 8 times NSW’s annual emissions.)
- 2,772ha of vegetation will be cleared (according to submitters), including the destruction of 197ha of Central Hunter Valley Eucalypt Forest and Woodland Critically Endangered Ecological Community. [8]
EDO Managing Lawyer Kirsty Ruddock said: “EDO has been proud to represent HEL in challenging the decision of the Environment Minister’s delegate in relation to this matter. It is imperative, given the worsening climate and biodiversity crises, that Australia’s environmental laws are appropriately applied.
“EDO stands ready to work with clients impacted by climate change and biodiversity loss and who seek to protect their communities, climate and nature for current and future generations.”
REFERENCES
[2] Hunter Environment Lobby asks Federal Court to overturn key decision in assessment of massive HVO mine expansion, 19-6-24, HEL media release.
[3] Technical report by Professor Stephen Turton.
[4] Technical report by Professor Michael Bode.
MEDIA CONTACT
James Tremain | 0419 272 254
