What happened to the community that fought big coal and won?
We’re celebrating some brave EDO clients who fought back and defeated a mine that would have impacted our climate and devastated the beautiful Bylong Valley, in central west NSW.
Five years ago, in September 2019, the NSW Independent Planning Commission (IPC) rejected a proposal for an enormous new coal mine near Mudgee, in NSW. Our clients, the Bylong Valley Protection Alliance (BVPA) told the IPC of the devastating impacts the mine would have. The plan for the 6.5 million tonnes-per-year open-cut coal mine was subsequently refused by the commission because of unacceptable risks to the environment, including climate change and the cost to future generations.
But their victory set in motion a David-and-Goliath struggle that would last for years. South Korean coal company KEPCO fought the IPC’s decision, launching appeals in the NSW Land and Environment Court, the Court of Appeal, and the High Court of Australia. But at every step, BVPA, represented by EDO, defended the decision to protect the Bylong Valley from a destructive new coal mine.
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The long battle to protect Bylong Valley
KEPCO’s first appeal to the NSW Land and Environment Court would have gone unchallenged, after the IPC declined to defend its own decision before the court. It’s not a fair contest when you only hear one side of a story, so EDO went to court to secure the rights of our client to take part in the case.
This in itself was a historic win for communities in NSW, setting a new legal precedent.
After our client successfully defended the IPC’s decision, KEPCO took its case to the Court of Appeal, where BVPA were again victorious.
In February 2022, after further submissions from BVPA, the High Court of Australia declined to hear KEPCO’s final appeal, and the battle was at last over. The beauty of the valley, prime agricultural farmland and our precious climate was protected from this destructive coal mine.
“All Australians are the beneficiaries of BVPA’s extraordinary effort because it prevented 200 million tonnes of greenhouse gases from polluting our atmosphere.”
EDO Managing Lawyer Rana Koroglu
Bylong Valley deserves permanent protection from destructive projects
Even though the mine was stopped, the battle to protect the valley impacted the community in lasting ways. Many family farms were sold, and locals moved on as the shadow of the mine loomed large for years.
EDO is now assisting our client to investigate ways to permanently safeguard the valley from destructive mining proposals that could threaten the valley in the future.
The state government could act to permanently safeguard the Bylong Valley from harmful projects and give the community the certainty it deserves.
BVPA president Phill Kennedy pictured.
“Many people were involved in fighting for Bylong Valley over the years. We couldn’t have fought for so long and won without EDO’s help. They stood with us at every turn.”
BVPA president Phill Kennedy
About EDO
Driven by dedicated supporters like you, Environmental Defenders Office (EDO) is the largest environmental legal centre in the Australia-Pacific, dedicated to protecting our climate, communities and shared environment by running groundbreaking legal cases, leading law reform and providing access to justice.
Defending the environment with and on behalf of First Nations peoples, community groups and individuals in the highest courts.
Holding government and industry to account over matters like development, pollution, and environmental destruction.
Designing and advocating for stronger state and federal environmental laws to protect our environment and native species.
Image Credits
Header image. Bylong Valley: Lock the Gate Alliance
Protest sign, Bylong Valley: Lock the Gate Alliance
Protestors at IPC hearing: Warwick Pearse
Protestor with sign: Lock the Gate Alliance
Coal mine: Shutterstock.com
Bylong Valley farmland: Lock the Gate Alliance
BVPA president Phill Kennedy: Supplied
Bylong Valley Way: Shutterstock.com
