The mining firm Kepco has failed in its ultimate authorized bid to problem a choice to reject its plans for an open-cut coalmine within the New South Wales Bylong Valley.
Environmentalists and members of the Bylong Valley neighborhood are actually calling on the South Korean firm to stroll away and promote its land again to farming households reasonably than submitting a revised improvement proposal for the challenge.
The excessive courtroom on Thursday declined to listen to Kepco’s enchantment that sought to problem the NSW Unbiased Planning Fee’s (IPC) resolution in 2019 to reject its improvement software.
The fee refused improvement approval for the greenfield coalmine, citing the unacceptable influence the mine would have on agricultural land and the setting – together with by greenhouse gasoline emissions – and the prices to future generations.
Its resolution was subsequently upheld by the NSW land and setting courtroom and the courtroom of enchantment.
The excessive courtroom’s resolution exhausts the corporate’s ultimate authorized avenue for the challenge in its present type and brings to an finish a prolonged battle for Bylong Valley neighborhood members who've fought the challenge for years.
“KEPCO must eat some humble pie, pack its luggage, and go away,” mentioned Phillip Kennedy, the president of the Bylong Valley Safety Alliance.
“KEPCO should not submit a revised challenge, it should not delay, it should solely promote its land again to the farming households of Australia and go away the Bylong Valley for good.
“The Bylong Valley neighborhood solely needs some certainty, and we’re wanting ahead to that with this win.”
The Bylong Valley Safety Alliance had joined as a celebration to the unique judicial assessment to defend the IPC’s ruling after the fee itself declined to take an lively function in proceedings.
The alliance’s authorized consultant, the Environmental Defenders Workplace, mentioned the excessive courtroom made its resolution primarily based on written submissions, with out the necessity for a listening to.
“We couldn't be extra delighted for our shoppers, the Bylong Valley Safety Alliance, who've devoted years of their lives to difficult this harmful and inappropriate coal mine proposal,” managing lawyer Rana Koroglu mentioned.
“The IPC’s resolution to refuse this mine was sound. It was primarily based on the proof and the science, together with proof in regards to the ‘problematical’ greenhouse gasoline emissions.”
Koroglu mentioned the challenge would have generated greater than 200m tonnes of greenhouse gasoline emissions.
She mentioned the fee’s resolution had been examined to its limits by the courts and in each enchantment had been upheld.
“It means the IPC could be assured that an evidence-based resolution to reject these sorts of harmful fossil gas initiatives sooner or later is legally supported.”
A spokesperson for Kepco mentioned the corporate was “disillusioned with the excessive courtroom’s resolution to dismiss the particular go away software”.
“KEPCO will now take a while to contemplate its subsequent steps,” they mentioned.
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