A judgement in the NSW Land and Environment Court this week will have significant financial impacts fof the region's coal mining companies
A judgement in the NSW Land and Environment Court this week
will have significant financial impacts of the region's coal mining companies.
In the case before Justice Moore in Mangoola Coal Operations
Pty Ltd v Muswellbrook Shire Council, the Council was successful in claiming
land the coal mine considered as agricultural was in fact a coal mine.
Justice Moore said in his judgement that the dominant use of
the land operated by the mining giant Glencore's Mangoola Coal Operations was a
coal mine.
Land used for coal mining purposes has a higher rateable
charge in comparison to land used for agriculture.
Glencore had argued in their court submissions that 4150
hectares of 6600ha site near Wybong was in fact used by their agricultural
company Colinta Holdings for the purposes of grazing cattle.
By way of background Colinta operates across three million
acres running up to 50,000 head of cattle - a pastoral holding which is
probably the largest of any of the country's mining companies.
The company has properties in Hunter Valley and Mudgee
district surrounding their coal mining operations plus vast tracts of land in
Central Queensland and the North Territory.
In NSW the company runs between 5000-6000 head of cattle
depending on the season.
However Muswellbrook Council successfully argued that the
land was not used for agricultural purposes but rather related to coal mining
activities.
Part of this was due to a lack of cattle on the property,
the 'artificiality by which Colinta financial accounts do not reflect' a
profitable farming enterprise and the fact the land contained mining monitor
equipment including air quality and water monitors.
Council's legal team also said bio-diversity offset land was
in fact coal mining related not agricultural land.
The outcome of this case, if it is not subject to a
successful appeal, could see mining companies have to pay higher rates on much
of their land.
Muswellbrook Shire Council Mayor Martin Rush said
"Council is naturally delighted with the decision. This was litigation
brought by Glencore against Council for categorising buffer land around
Glencore's Mangoola Coal Mine as mining rather than as farming."
"Glencore had lobbied the Valuer-General to include
biodiversity offsets in a single buffer rating parcel that also included land
licenced to its pastoral company, Colinta. Glencore had inaccurately, told the
Valuer-General, the land was being exclusively used for farming and not mining
purposes.
"The biodiversity offsets represent approximately 30%
of the total rating parcel and cannot be used for farming. Council inspected
the properties and could see no significant evidence that farming was taking
place but did see considerable evidence of mining activities.
"The biodiversity offsets were only being used for
mining purposes. Accordingly, Council rated the property as mining. The Court,
after carefully reviewing all the evidence, has agreed with Council.
"This is a significant win for the community and will
give greater confidence to the community that mines use their considerable
buffer land purposefully for generating economic activity and employment rather
than is some imaginary way or simply to reduce a mine's taxation liabilities.
"Given the acrimonious way in which Glencore has fought
the case, we anticipate there may be an appeal. Nonetheless, Council is
confident of its position. We will also undertake a review of other mining
buffer lands within the Shire to ensure that it is genuinely being used for the
purpose for which it is being rated".
Glencore declined to comment on the case.
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