A court's ruling that NSW planners don't have to investigate environmental claims made by mining companies makes a "mockery" of the environmental assessment process, an environment campaigner said.
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In the Land and Environment Court on Tuesday, Justice Nicola Pain ruled state planning authorities have no obligation to enquire into a mining company's environmental assessment before making a decision on an exploration permit.
Justice Pain ruled in favour of Hume Coal, dismissing the Southern Highlands Coal Action Group's attempt to overturn part of the miner's exploration licence. This part enables the drilling of 25 boreholes to resume on private land at Sutton Forest.
Justice Pain found there was "no threat of serious or irreversible damage to the environment" from the exploration drilling, which was to take place over eight privately-owned properties, including one bought by Hume Coal.
SHCAG convener Peter Martin said his group had argued Hume's Review of Environmental Factors contained "misinformation", which should have been investigated.
"The judge came down and said the department's obligation is just to consider what's put in front of them by the mining company, and they don't even have to enquire whether it was true or relevant.
"It makes a mockery, in a sense, of environmental assessments because the true environment wasn't assessed at all."
Hume Coal said the judgment showed the project did not threaten irreversible damage to the environment.
Project director Greg Duncan said the court decision showed SHCAG had ‘‘no credibility’’.
‘‘There’s no impediment to us recommencing exploration,’’ he said.
‘‘Once we get through the various arbitration processes with the different landowners we’re in the moment, then we can continue to explore.’’
Five of the eight landowners whose properties would be drilled upon supported the SHCAG case.