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Newcastle Herald
Newcastle Herald
National
Matthew Kelly

Korean mining company loses court appeal over proposed Bylong mine

The NSW Land and Environment Court has dismissed an appeal brought by KEPCO against the Independent Planning Commission's 2019 decision to reject the company's planned coal mine at Bylong.

The IPC originally rejected South Korean Government-owned KEPCO's planned coal mine due to its "long-lasting environmental, agricultural and heritage impacts", however KEPCO later appealed that decision.

The Bylong Valley Protection Alliance - a community group including farmers from the productive agricultural valley - then took the unusual step to defend the IPC's decision in court in response to KEPCO's appeal, after the IPC chose not to defend it.

KEPCO persisted with its appeal, even after writing off the $700M value of the mine.

"This court decision reaffirms what we locals always knew - that the IPC was right when it ruled the agricultural values of this valley are too precious to sacrifice for the sake of a temporary, destructive coal mine," Bylong Preservation Society president Phillip Kennedy said on Friday.

"The soils in this valley are classed as the top 3.5 percent in the state. There's no way it should ever have been made available for mining by the government.

"What we'd like to now see is the NSW Berejiklian and Barilaro Government permanently rule out mining in the Bylong Valley, and protect it for farming in perpetuity through legislation.

"This is a win for Australian agriculture during particularly uncertain times.

The group has called on KEPCO to sell the 30,000 acres it bought in the valley back to the people.

BVPA will have its costs paid by KEPCO.

The commission ruled in September 2019 that the mine proposed by Korean energy company KEPCO was not in the public interest.

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