Drought-stricken Queensland farmers fighting to stop a controversial coal project that they say threatens their water supply are refusing to give up despite the failure of a major legal challenge.
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More than 12 years after New Acland coal mine first sought approval for a $900 million expansion on the Darling Downs, near Toowoomba, its way ahead appears clear following a decision by the Brisbane Court of Appeal.
The project will save 150 coal workers' jobs, boost the mine's annual production to 7.5 million tonnes and create millions of dollars for the state's coffers.
But graziers behind the Oakey Coal Action Alliance say they'll continue battling the mine's plans, which they fear could deplete or contaminate underground water supplies in the area.
"It's bone dry out here and we're completely reliant on that water," local cattleman and former OCAA president Frank Ashman told AAP.
"We have no choice but to fight to protect it."
Mr Ashman said about 75 farming families and businesses could be adversely affected by the expansion.
"It's not just the water we're fighting to save; hundreds of agricultural jobs could be lost if these aquifers are plundered," he said.
Federal Resources Minister Matt Canavan and mine owner New Hope have called on the Queensland government to immediately approve the expansion to secure the miners' jobs.
Operations manager Andrew Boyd says "there is now nothing standing in the way of the state government awarding New Acland its long-overdue approvals".
But green-lighting the project may not be so simple.
Despite the farmers' appeal against a Supreme Court decision - which found the Land Court had no jurisdiction to consider the mining operation's potential impact on groundwater when it refused the project in 2017 - being rejected, the court process is far from over.
The Appeal Court also found apprehended bias in the decision after the judge became "extreme and irrational" over a media report.
The newspaper article suggested the judge's holiday before the decision was handed down in 2017 could have led to job losses at the mine, a statement he perceived was made by the New Hope Group.
A draft order recommended New Hope's mine applications return to the Land Court, with both sides to begin filing submissions on the next move by Monday.
Lawyers for OCAA say the decision could invalidate the Land Court decision and the 100-day trial may need to be re-heard.
Minister for Resources Anthony Lynham has been contacted for comment.
Australian Associated Press
