Central Coast Council Council has voted to provide $200,000 “to engage experts” to help the Australian Coal Alliance in its legal fight to stop the Wallarah 2 coal mine.
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The ACA is mounting a legal challenge in the Land and Environment Court against the Planning Assessment Commission’s consent to the Wallarah 2 mine in January.
Mayor Jane Smith said council would continue to stand with the community in opposing the mine due to the threat it posed to the region’s water supply.
“We have decided to assist the Australian Coal Alliance by providing it with support for the experts they may need to properly present their case in the proceedings,” Cr Smith said.
The matter prompted debate at the council chambers.
There were concerns about the potential precedent that would be set by the council using ratepayers’ money to fund a community group in a legal battle.
Furthermore, some locals, including Darkinjung Local Aboriginal Land Council (which opposes the mine), believe any legal challenge is likely to fail.
Cr Smith emphasised that the funding would be given on strict conditions, to ensure proper and transparent accounting for how the money was spent.
“This council promised to serve our community and listen to and respond to their needs – this action lives up to that promise," Cr Smith said.
“We must protect the water supply of our growing community now and into the future and we will stand with the Australian Coal Alliance to continue to fight the mine.”
A spokesperson for the council said the Australian Coal Alliance was seeking declarations that the Wallarah 2 consent was invalid, orders restraining Wyong Coal from undertaking development in reliance of the Wallarah 2 consent, and other administrative orders.
Meanwhile, Darkinjung Local Aboriginal Land Council said it would not be party to the legal challenge.
In the May edition of its The Messenger newsletter, the land council said:
“After talks with our legal advisors, it was decided that Darkinjung would no longer pursue any more legal objections due to the fact that Darkinjung considers it more likely than not that a challenge to the validity of the development consent would fail.”
