See:-https://archive.sclqld.org.au/qjudgment/2019/QCA19-184.pdf.
It would appear that NHC via New Acland Coal Pty Ltd was successful in the Queensland Court of Appeal.
The following is the final orders :
"It follows that, in my respectful opinion, Bowskill J was right in her conclusion that
it was outside the jurisdiction of the Land Court in this case to consider the effects of
the proposed mining activities upon groundwater.
[116] Grounds 1 and 2 of the appellant’s grounds of appeal must be rejected. Grounds 4
must be rejected for the same reason. Having regard to Acland’s success on its crossappeal, it is unnecessary to consider grounds 3, 5 and 7. Ground 6 was abandoned at
the hearing.
[117] Bowskill J had set aside the Member’s order and had remitted the referrals back to
the Land Court. Having regard to her Honour’s rejection of the respondent’s case on
apprehended bias, her Honour made orders that would have permitted some of the
findings of the Member to be maintained when the matter was to be reheard. That is
no longer possible. Consequently, the orders should be:
1. Orders 4 to 8 of the orders made by Bowskill J on 28 May 2018 be set aside.
2. The first respondent’s applications be referred back to the Land Court.
3. The appellant pay the first respondent’s costs of the appeal."
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