Farmers trying to stop a Queensland coal project have vowed to continue their 14-year fight after a court ruling in favour of expanding the controversial New Acland mine.
Land Court of Queensland on Friday recommended the expansion of the Darling Downs mine, west of Brisbane, subject to conditions including noise and dust controls.
In what is considered to be the state's longest running mine dispute, New Hope Group has been trying to expand the open-cut coal project for more than a decade.
Farmers and community members with the Oakey Coal Action Alliance (OCAA) objected, citing air quality, dust, noise and climate change issues, and impacts on soil and water.
The verdict will be taken into account by the Queensland government in deciding whether to grant or reject the mining application.
"This is an excellent result for New Hope Group, our employees, their families and our supporters in the Darling Downs community," New Acland Mine general manager Dave O'Dwyer said.
"There are still a number of steps required to obtain final project approval for stage three.
"We will continue to work closely with the relevant Queensland government departments to achieve these approvals, which would enable a restart of operations and employment opportunities for hundreds of local workers at the New Acland Mine, as well economic opportunities for the region more broadly."
Land Court member Peta Stilgoe said despite "respecting and understanding" the OCAA's position, the expansion should go ahead because the company had addressed noise and air quality concerns.
"In my view, (New Hope) has more than made up for its initial lacklustre response by spending significant time and money to implement a sophisticated real-time responsive (Trigger Action Response Plan)," Member Stilgoe said in her judgment.
The OCAA have called for the state government not to grant mining lease or groundwater licence approvals, saying the court had acknowledged the project's noise and air quality impacts in the past.
"The Land Court judgment today confirmed that the local community has been put through hell by New Hope coal through excessive noise and dust from the mine ruining their lives," OCAA secretary Paul King said.
"This should be enough for the Queensland government to call it a day, and prevent this dangerous, unwanted project from re-opening."
In February, the High Court ordered the matter be returned to the Land Court for a new hearing.
That followed a five-year legal battle that included a 100-day hearing in the Land Court - the longest in its history - and actions in both Queensland's Supreme and Appeal courts.
Mr King said the mine's proposed expansion was originally refused on groundwater grounds in the 2017 Land Court hearing.
However, he claimed grounds for the latest Land Court case were limited by law changes made by the Palaszczuk government that ensured the project's groundwater impacts could not be considered.
