Protecting The Leard Forest: one of the many reasons why Environmental Defenders Office NSW is a vital asset in relation to good governance & safeguarding both community interest and the natural environment

Lock The Gate Alliance media release:

Legal Action Launched to Stop Clearing in Leard Forest

Posted by Jane Hammond on June 06, 2014

The Maules Creek Community Council (MCCC) has today launched legal action in court to stop the clearing of Leard State Forest for the controversial Maules Creek Coal Mine, near Narrabri in north-west NSW.

The Council has commenced civil enforcement proceedings against Whitehaven Coal in the NSW Land and Environment Court. 

It is represented by the environmental law experts EDO NSW.  

MCCC is seeking an injunction to stop the operational clearing of Leard State Forest on the grounds that Whitehaven is in breach of its development consent by clearing the forest during winter when animals, including threatened species, are hibernating.  

A breach of a development consent contravenes the Environmental Planning and Assessment Act 1979. 

Maules Creek Community Council spokesperson, farmer Phil Laird, said: “We have launched a legal case today because we believe the winter clearing that is occurring in the forest is a breach of NSW planning and environment laws. 

"We believe the clearing is unlawful, and we are seeking to have the case heard quickly so that no more irreparable damage is done to this unique forest environment and the animals that live in it.

"As a local community, we feel that we have been forced to take this action because the NSW Government has failed in its responsibility to uphold the law and protect the environment of NSW" he said. 

Further comment: Phil Laird 0428 712 622

EDO contact Jon Walter 0404 647 842

UPDATE

From Mining Australia 12 June 2014:

Environmentalists are claiming a win against Whitehaven Coal after the miner agreed to stop clearing the Leard State Forest after a hearing in the Land and Environment Court.

The Maules Creek Community Council (MCCC) sought an injunction to halt the miner’s operational work in the forest, near Narrabri in north-west NSW.

The group, represented by environmental law experts, EDO NSW,claim Whitehaven is in breach of its development consent by clearing the forest during winter when animals, including threatened species, are hibernating.  

It said the clearing is unlawful and contravenes the Environmental Planning and Assessment Act 1979.

A full case on this matter will be heard by the court in September and the MCCC wanted the clearing, underway to make way for the Maules Creek mine, halted until then.

Before a decision was made by the court on Thursday, Whitehaven agreed to stop its clearing activity.

MCCC spokesman and Maules Creek mine farmer Phil Laird said he was delighted at Whitehaven’s decision.

“This outcome today is a huge relief for the Maules Creek community and everyone that loves the wildlife of Leard State Forest. The slaughter of hibernating bats and other animals over winter was an outrage that has been rightly stopped today” Laird said.

“This outcome today sends a strong message to coal mining companies across NSW and to the NSW Government – if they will not enforce the law, then the community is prepared to step up and do it themselves.

“We appreciate the action taken by Whitehaven today and we will be preparing to vigorously pursue the full legal challenge.”….