The Bylong Valley Protection Alliance (BVPA) has applied to join the case to defend the Independent Planning Commission鈥檚 (IPC) decision last year to reject South Korean utility giant KEPCO's聽controversial Bylong Coal Project. It comes as the IPC聽it would not take an active role in defending its ruling.
The IPC rejected KEPCO鈥檚 thermal coal project last September, which聽is proposed for the picturesque Bylong Valley near Mudgee, in central New South Wales. It cited 鈥減roblematical鈥 greenhouse gas emissions and impacts on groundwater as some of its reasons.
The Environmental Defenders Office (EDO), which has also applied to join the defence case, explained: 鈥淭he IPC found that KEPCO鈥檚 Bylong Valley mine was contrary to the principles of ecologically sustainable development and cited impacts on groundwater, agricultural land and aesthetic, scenic, heritage and natural values鈥
鈥淭he IPC鈥檚 decision was met with swift outcry from the NSW Minerals Council and was a catalyst for a NSW government review of the commission, as well as proposed changes to the law and policy on regulation of greenhouse gas emissions currently being considered by Parliament and government.鈥
The original IPC decision had been hailed as a 鈥渉istoric victory鈥 by Lock the Gate and BVPA. KEPCO said in December it would appeal the IPC decision in the Land and Environment Court. The appeal will take the form of a judicial review, rather than a merits-based appeal.
BVPA announced on February 15 it was applying to join the legal proceedings to defend and uphold the original IPC decision.
鈥淲e鈥檝e been forced to take this action after it emerged 鈥 that the Independent Planning Commission and the NSW government are not going to actively defend their decision in court鈥, Bylong farmer and BVPA president on February 14.
鈥淲e can鈥檛 believe it, but we can鈥檛 stand by and let KEPCO get a clean run through court because our government won鈥檛 even stand by its own evidence-based decisions.
鈥淏ut if our governments won鈥檛 act, it鈥檚 even more important that we 鈥 as a community 鈥 do. We鈥檙e literally the last line of defence now in this fight.鈥
Lock the Gate Alliance's Georgina Woods said it is 鈥渂izarre鈥 that KEPCO鈥檚 legal challenge comes on the back of its Korean-based board the value of its Bylong mining rights.
The hearing on whether to accept BVPA鈥檚 application will take place on February 28, while the case hearing will be held on August 24鈥27.