FEDERAL Environment and Heritage Minister Peter Garrett will consider overturning a decision by the previous Coalition government, potentially calling in the huge Mangoola coalmining project.
Subscribe now for unlimited access.
or signup to continue reading
The Upper Hunter mine project, formerly known as Anvil Hill, was bought for $425 million by Xstrata Coal in October last year.
Conservationists, who opposed the mine in the Federal Court and lost, have taken their case to Mr Garrett.
The Environment and Heritage Minister has made waves in Newcastle, controversially rejecting plans in May for a tourist development at Nobbys headland.
The conservation group, Anvil Hill Project Watch, has asked Mr Garrett to reconsider the former government's decision that the mine was not a "controlled action" and therefore did not require assessment and the approval of the federal environment minister.
Xstrata has opposed the move, saying there was "no legal basis" for it to be reversed.
The Department of Environment, Water, Heritage and the Arts confirmed it was considering the request and had exhibited it for two weeks of public comment, which ended on June 30.
Xstrata spokesman James Rickards said the resources company had told the Government there was no new information being put forward by the conservation group and was therefore no way the decision could be overturned.
"It [the information] was all before the previous government at the time the decision was made," he said. "Our submission is there is no legal basis on which the minister can reconsider the previous decision."
Mr Garrett's spokesman, Ben Pratt, confirmed that, under the legislation, Mr Garrett would require "substantial new information" to be able to reconsider the decision and call the project in.
Christine Phelps of the Anvil Hill Project Watch said new information had been provided.
Mr Garrett's spokesman said the minister would receive advice from his department and consider the request and submissions.
