On 5 February 2021, our proprietary software alerted us to Land and Environment Court matters being brought on behalf of the NSW Environment Protection Authority (EPA) against Whitehaven Coal's (WHC) Maules Creek Coal Pty Ltd.

On 2 July 2020, a media release from The Natural Resources Access Regulator (NRAR) said they had commenced prosecution in the Land and Environment Court against Maules Creek Coal Pty Ltd.

"The Natural Resources Access Regulator (NRAR) is charging the Whitehaven Coal-owned Maules Creek Coal Pty Ltd with two alleged breaches of section 60A(2) of the Water Management Act 2000 for taking water without an access licence over a three-year period between 2016 and 2019, or in the alternative section 60C(2).

The alleged breaches relate to the failure to divert clean water from major streams on the site, instead capturing the water on the mine site.

The maximum penalty for a breach of section 60A(2) for a company is $2,002,000."

In the case of both regulators, these are criminal proceedings. There are five case numbers for NRAR and four for the EPA. The NRAR cases were filed in 2020. However, the EPA cases have 2021 in their number and were likely to be filed this year.

The EPA are scheduled to be back in court with Maules Creek Coal Pty Ltd today. NRAR's next date is scheduled for 9 April 2021.

EPA Activity - 2020
Below is a summary of some of the NSW EPA activity we monitored on WHC related entities in 2020.


WERRIS CREEK COAL PTY LIMITED
Issued: 30/09/2020 | New South Wales | Number: 3173529518
Notice: Penalty Notice (Issued) - Werris Creek Coal Mine


TARRAWONGA COAL PTY LTD
Issued: 20/08/2020 | New South Wales | Narrabri | Number: 3173529325
Notice: Penalty Notice (Issued) - Tarrawonga Coal Mine


TARRAWONGA COAL PTY LTD
Issued: 20/08/2020 | New South Wales|Narrabri | Number: 3173529343
Notice: Penalty Notice (Issued) - Tarrawonga Coal Mine


TARRAWONGA COAL PTY LTD
Issued: 9/04/2020 | New South Wales | NARRABRI | Number: 3173529069
Notice: Penalty Notice (Issued) - Tarrawonga Coal Mine


MAULES CREEK COAL PTY LTD
Issued: 9/04/2020 | New South Wales | NARRABRI | Number: 1593803
Notice: s.91 Clean Up Notice (Issued) - Maules Creek Coal Mine


NARRABRI COAL OPERATIONS PTY LTD
Issued: 9/04/2020 | New South Wales | NARRABRI | Number: 1593529
Notice: s.91 Clean Up Notice (Issued) - Narrabri Coal Operations


MAULES CREEK COAL PTY LTD
Issued: 21/02/2020 | New South Wales | NARRABRI | Number: 1591771
Notice: s.91 Clean Up Notice (Issued) - Maules Creek Coal Mine


NARRABRI COAL OPERATIONS PTY LTD
Issued: 20/02/2020 | New South Wales | NARRABRI | Number: 3173528876
Notice: Penalty Notice (Issued) - Narrabri Coal Operations


Published: 26 March 2021

Disclaimer: This was compiled and prepared by Diligence Research Pty Ltd (Diligence Research). The information was collected using qualitative data collection techniques, with all research sources believed to be reliable. No representations or warranties (expressed or implied) are made by Diligence Research or their representatives, to its accuracy, completeness or correctness. Views, ideas, opinions and estimates contained within, stand as Diligence Researchs judgment as of the date of this post. Nothing in this constitutes legal, financial or investment advice, and it has been prepared without regard to individual financial circumstances or objectives of those who receive it. Diligence Research does not accept liability whatsoever for any direct or consequential loss arising from any use of this information.