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Category: Endangered and Protected Species / Mining Industry / Coal / Environmental Impact / Mining Environmental Issues / Environmental Health / Courts and Trials

Bulga residents withdraw appeal against Warkworth mine expansion

Friday, 20 May 2016 07:51:04 | Cecilia Connell

The critically endangered Warkworth Sands Woodlands is at risk from the expansion of Rio Tinto's coal mine in the area. (Environment NSW)

After more than six years of legal wrangling, residents in the NSW Hunter Valley village of Bulga have withdrawn their court appeal against Rio Tinto's Warkworth mine expansion.

The Environmental Defenders Office has advised that it does not believe the challenge to protect the Warkworth Sands Woodland would succeed.

It comes less than a month after the site was placed on the critically endangered list.

It's an absolute travesty of justice, really, to have the government set about to change all the rules. It was impossible for us to win this case.

John Krey, Bulga Milbrodale Progress Association president

Bulga residents were set to face the Land and Environment Court on June 6 to argue that the mine expansion would destroy the woodland.

But Bulga Milbrodale Progress Association president John Krey said more information had come to light.

"After perusal of the documents that were obtained during discovery of both Department of Planning's offices and also the Office of Environment and Heritage, we realised a lot more documents that led us to believe that our case wasn't sustainable," he said.

"On the advice of our legal team, the case was not winnable."

Mr Krey said several things were now in jeopardy.

"The Warkworth Sands Woodland, we're trying to save the future of our village, we're trying to clean up our air here, we're trying to save Aboriginal heritage," he said.

"Now that our case is not going to be heard, all those things have gone.

"It's an absolute travesty of justice, really, to have the government set about to change all the rules.

"It was impossible for us to win this case."

Rio Tinto has welcomed the dropping of the court action.

"We welcome the certainty this provides for the 1,300 people who work at Mount Thorley Warkworth ,and the hundreds of local businesses that supply the mine," a company spokesman said.

"Mount Thorley Warkworth will continue its normal operations, in keeping with approval granted by the independent Planning Assessment Commission."

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