The company made a voluntary undertaking to conclude initial clearance operations at the approved Maules Creek project two weeks earlier than planned.

The voluntary undertaking comes as the Land & Environment Court considers an application by NSW Environmental Defenders Office contending that the biodiversity management plan (BMP) for Maules Creek was invalidly approved by the NSW Department of Planning and the Environment.

Whitehaven CEO Paul Flynn said it would immediately progress work to develop the box-cut and overburden emplacement areas in the mining area, which had already been cleared.

The negotiated outcome between the parties was pragmatic and sensible under the circumstances, he said.

“Voluntarily suspending clearance activity two weeks earlier than planned, considering the progress we have made to date, will not impact our progress overall and the project remains on track for first coal in March 2015,” he said.

“This is a fully approved project and sooner or later even the EDO and its client must accept the inevitability of the outcome.

“We have negotiated in good faith with the EDO.

“Protestors at Maules Creek should show a bit of integrity themselves and stop engaging in unlawful trespass and protest activity at the site.

“The company will work toward recommencing clearance operations following the winter blackout period, as planned and continuing to deliver the significant economic boost Maules Creek is already providing to the Gunnedah Basin.”

Maules Creek Community Council spokesperson Phil Laird said: “We are pleased that Whitehaven has been forced to respond to our legitimate challenge in the court by today undertaking to stop clearing in Leard State Forest.”

The community group, represented by EDO NSW, sought an interim injunction in the NSW Land & Environment Court to immediately stop the clearing during winter when animals, including threatened species, are hibernating in the forest.

“This outcome today is a huge relief for the Maules Creek community and everyone that loves the wildlife of Leard State Forest,” Laird said.

“The slaughter of hibernating bats and other animals over winter was an outrage that has been rightly stopped today.”

The MCCC is arguing that Whitehaven is in breach of its development consent by winter/spring clearing of the forest.

A breach of development consent contravenes the Environmental Planning and Assessment Act 1979.

“This outcome today sends a strong message to coal mining companies across NSW and to the NSW government – if they will not enforce the law, then the community is prepared to step up and do it themselves,” Laird said.

“We appreciate the action taken by Whitehaven today and we will be preparing to vigorously pursue the full legal challenge.”

Whitehaven claims it has been undertaking authorised clearance activities at Maules Creek in accordance with the BMP, which was approved by the NSW DPE director general on May 14, 2014.

It said it was defending the litigation and understood that NSW DPE – a joint respondent in proceedings – would also be defending the litigation.

The company expects a final determination on the matter by September.

The NSW DPE issued a statement saying that Maules Creek’s revised BMP continued to indicate a preference for clearing vegetation in late spring and early autumn but also anticipated the need to undertake clearing this winter.

“As such, the revised BMP includes a range of additional measures to minimise any impacts on fauna within the forest during the winter months,” it said.

“These measures include intensive surveys, capture and release protocols and, in some instances, delaying the clearing of important habitat trees.

“The revisions to the BMP were approved by the department this month following consultation and technical input from the NSW Office of Environment and Heritage.”