The legal challenge to Springvale Mine’s 2015 approval has been discontinued in the Land and Environment Court.
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On Friday, October 20, new legislation approving Springvale’s extended operation until 2028 in the Environmental Planning and Assessment Act was assented.
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The Environmental Defenders Office, on behalf of 4Nature, discontinued the case against Centennial in a directions hearing also held on Friday.
“4nature lodged a notice of discontinuation due to the passing of the special legislation through parliament last week. The other parties agreed to pay our costs. This ends our court case,” Andrew Cox, president of 4Nature, said.
The hearing scheduled for October 16 and 17 did not take place.
“4nature remains determined to ensure the promised pipeline and treatment plant is built quickly and the conditions of the mine's operation are rigorously enforced. This includes adhering to mine water discharge limits and the protection of threatened upland swamps and creeks.
“We maintain that the coal supply issues to Mt Piper power station could have been overcome despite our court action.”
Centennial Coal sent a letter to its employees on Thursday, October 12, saying the NSW government had successfully secured the future of the mine.
“While our detractors will continue to try and discredit Centennial and Springvale, the government has recognised the essential role we as coal miners play in NSW and our focus should remain on what we do best - mining safely and responsibly,” it said.
“We understand this has been a traumatic time for our workforce, their families and the local community and we acknowledge the unwavering support and advocacy of our community, local MP’s, the CFMEU, Lithgow City Council and the business community.”
In August the NSW Court of Appeal found in favour of environmental group 4nature, in its court case against Springvale Mine’s extension approval, granted in 2015, finding the approval unlawful.