“The Land and Environment Court ruled that a development application by the proposed mine's owner, Kores, could not be determined until the NSW Aboriginal Land Council had given its consent, because it covers part of Darkinjung land,” the Sydney Morning Herald said.
“The decision threw the project into limbo as the negotiations between Kores and the land council have broken down irreparably.”
The $800 million project cannot proceed until the NSW ALC gives its consent for a rail spur to cross Darkinjung land.
The rail line would be needed to transport 5 million tonnes per annum of coal for a minimum of 28 years.
NSW Minerals Council CEO Stephen Galilee, who is Baird’s former chief of staff, reportedly warned Baird of industry-wide implications from the decision in a letter to the premier.
“The judgement gives NSW ALC unfettered discretion to veto state signification development mining proposals, or impose potentially unreasonable demands in order to secure its consent, if a proposal covers land owned by Aboriginal land councils," Galilee reportedly said.
"Given the implications of this judgement for the mining industry and the NSW economy more broadly it is imperative that the NSW government acts quickly to clarify the original intent in the legislative framework.”
The NSW ALC has reportedly asked Baird to “resist the lobbying” in its subsequent letter.
The Central Coast longwall project may end up making the longest green-tape journey in Australia so far, with applications dating back to 2006.