The National Farmers’ Federation has questioned the timing of the Abbott government’s proposed change to environmental laws one week after the environment minister, Greg Hunt, received legal letters from farmer groups regarding the $1.2bn Shenhua Watermark coalmine.

Vice president of the NFF Fiona Simson said it was “very coincidental” the “green lawfare” changes were proposed one week after the New South Wales Farmers Association, Cotton Australia, the Irrigators Council and the Caroona Coal Action Group (CCAG) wrote to Hunt to ask him to outline his reasons for approving the Watermark mine.

Letters were sent to Hunt in the fortnight before a cabinet meeting approved changes, which remove section 487 from the Environmental Protection and Biodiversity Conservation (EPBC) Act in an attempt to limit the ability of green groups to challenge resource projects. It remains unclear whether the proposed changes will pass the Senate.



Barnaby Joyce, whose seat of New England holds the Watermark mine site, said last week “farmer fighting funds” would still be able to bring challenges because they could represent farmers who “were on the same aquifer or connected aquifers” and would be seen to have a legitimate interest.



If the proposed changes go ahead, any person wanting to mount a challenge would have to prove they had been directly and personally adversely affected by a project.



The legal letters sent by farmer groups explicitly outline the rights of the groups and individuals involved to request information and appear to attempt to establish standing in the event of challenging the federal government’s decision.

“It did feel very coincidental that one week after the letters landed on [Hunt’s] desk, this law change turns up,” Simson said.

“It was very coincidental, that is the reason we are going to such lengths now to get some advice, because it is all very well to say we are not affected, but we want to be sure of that.”

Simson, whose own farm is on the Liverpool Plains near to the mine site, said the so-called “green lawfare” changes could have an adverse effect on farmers and their organisations.



Simson said farmer groups were expecting legal advice this week on their standing under the proposed changes. “It doesn’t seem it will help us and could have adverse consequences on us.”

Over the weekend, Tony Abbott told the West Australian Liberal party state council the law was designed to target environmental groups.

“If your only interest is, as an environmental busybody, if your only interest is as a green vigilante, well then you should not be able to delay and ultimately destroy projects vital for our country’s future,” he said.

Tim Duddy, a local farmer and spokesman of the CCAG, said the letters sought to assess what documents the minister had relied upon in granting his approval – with conditions – of the Watermark mine.

“This will make it very clear as to what sort of referral the project actually had because I believe there are still some issues with the referral but despite repeated requests, the minister has refused to address them,” he said.

Hunt approved the mine in July under the EPBC act after a report by the independent expert scientific committee, though the NSW government is ultimately responsible for the main project approval and development processes.

Organisations such as the NSW Farmers’ Association have argued the mine should not be allowed as it sits on a ridge above prime agricultural land on the Liverpool Plains.

Former leader of the National party John Anderson told Fairfax on Sunday the “age of reason” was being threatened by emotive campaigns such as the one waged by farmers against the Chinese state-owned Watermark mine.

He defended the role of fossil fuels such as coal to lift hundreds of millions of people out of poverty – echoing Abbott’s suggestion that coal was good for humanity.

“If we can’t find that rationality again, we have to ask ourselves, is the age of reason over?” he said.

“Are we now going to return to a new intellectual dark age and what will be the economic and social price of it?”

Anderson, who was a chairman of Eastern Star Gas bought by Santos, used the Watermark coalmine debate as an example of a disregard for science and proven fact.

“Frankly, you only see indefensibly selfish debates around a range of topics which have to be explored and dealt with much more honestly, if we’re to meet the challenge in front of us.

“Whether it’s land availability, whether it’s water availability, whether it’s energy, everyone forgets the only reason that we’ve got to a population of 7.3 billion from the one billion or so before we started using fossil fuels, is because of cheap and accessible fossil fuels and that age is not over.

“And we will not lift countless hundreds of millions of people out of poverty into a decent life standard without fossil fuels being used, for the foreseeable future.

“The shocking thing to me is the western world, which prides itself on being more rational than ever, is now in fact becoming less rational and even superstitious.”

The minister’s office was contacted for comment.