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Wollongong Coal’s controversial plan to expand its Russell Vale mine under the water catchment is headed for court, with the miner challenging the Planning Assessment Commission (PAC) review of its proposal. The miner has engaged top Sydney law firm Minter Ellison to challenge the review in the Land and Environment Court, and has brought the case against the Planning Minister and the PAC. The PAC review concluded the risks were too great on the information provided by the company, and the expansion could not be approved without better science addressing risks to the catchment. Wollongong Coal wants that report quashed, and will argue the PAC “made a jurisdictional error” regarding the application of the NSW State Environmental Planning Policy (Sydney Drinking Water Catchment) on this case. Its summons argues the PAC wrongly found that policy was applicable and binding in respect of the mine expansion proposal. The SEPP aimed to ensure developments in the catchment are only allowed if they “have a neutral or beneficial effect on water quality”. Wollongong Coal also will argue the PAC took into account a prohibited consideration, by considering previous modifications to approved development at the Russell Vale colliery. These were “outside the scope” of the expansion project, the miner claims. The longwall mining plan does not extend beneath the Cataract Dam, but would undermine some creeks leading to the reservoir, creating concern about the impact if creek beds are cracked by subsidence. The worst-case scenario considered by the PAC was that a failure in the integrity of the mine structure could result in the catchment being drained onto the suburbs below the mine. Wollongong Coal has previously pointed to the Planning Department’s earlier recommendation that the expansion be approved, and has said conditions attached were sufficient to ensure compliance with environmental laws. The court has received a response from the minister, and the case has been set for a hearing next month.

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