Just shy of a month since the landmark decision by the Land and Environment Court to reject the Rocky Hill Coal Mine appeal, Gloucester Resources Limited (GRL) has filed a notice of intention to appeal.
Chief Justice, Brian Preston handed down his decision to dismiss the GRL's appeal against Department of Planning and Environment’s (DPE) refusal of the development application for its Gloucester coal mine on February 8, 2019.
The court requires a notice of intention to appeal to be filed in the Registry of the Court of Appeal within 28 days after the date on which the court gives judgment.
The Environment Defenders Office (EDO), lawyers for the respondent Groundswell Gloucester, has confirmed that GRL lodged the application on March 5.
An appeal will need to be lodged within three months of the original decision, meaning GRL has until May 8 to commence proceedings.
On Friday March 8, when the EDO served the notice, the office tweeted "We feel for our client Groundswell Gloucester, whose members have been left 'deeply distressed' by the prospect of an appeal."
"GRL is considering its position and has two months to lodge a formal appeal in the NSW Court of Appeal," a spokesperson for GRL said. "GRL will be making no further comment in relation to this matter."