Bylong Valley Coal Mine Win

Update 18th December 2019: Mining company Kepco applies for Judicial Review

Kepco Ltd has applied for a judicial review of the Independent Planning Commission’s decision to refuse an open cut coal mine in the beautiful Bylong Valley of NSW.

EDO represented the Bylong Valley Protection Alliance throughout the planning process and will continue to act for them.

Bylong Mine Refused

The refusal of the Bylong Valley Coal mine represents another significant step in addressing emissions from Australia’s coal exports, with the New South Wales Independent Planning Commission (IPC) rejecting the proposal in part because of its projected greenhouse gas emissions.

EDO represented local community group, the Bylong Valley Protection Alliance, in opposing the 6.5 million tonnes-per-year open cut and underground mine – which would have been built in an area known for its scenic beauty and agricultural productivity. 

The IPC found that the proposed mine would have unacceptable impacts on groundwater and that the area could not be restored with the same scenic, heritage and natural values after the mine had closed.  

Significantly, the panel cited the Rocky Hill case in its decision, describing the emissions from the mine’s coal as ‘problematic’.  It said the mine was not in the public interest because it was contrary to the principles of intergenerational equity. It said that ”the predicted economic benefits would accrue to the present generation but the long-term environmental, heritage and agricultural costs will be borne by the future generations.”

EDO solicitor Nadja Zimmerman with Warwick Pearse of Bylong Valley Protection Alliance

EDO New South Wales is the legal entity acting in this case. EDO NSW began trading as EDO Ltd in September 2019.

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