CONCERNS about the impact of road closures and coal dust on pastures dominated proceedings during the Xstrata "megamine" coal project court case this week.
Landholders and green group, Friends of the Earth, are challenging the proposed $7 billion open-cut coal mining development by Swiss-owned Xstrata, to be located between Wandoan and Taroom.
The groups believe the mining project should be rejected because of dust, noise, odour, vibration and health impacts on cattle and people as well as concerns over carbon emissions.
Xstrata has repeatedly argued that it has followed a "rigorous" environmental assessment and review process throughout each stage of the mining lease application process in accordance with all legislative requirements.
Xstrata says grazing will continue on the lease areas while mining is under way, with the land retaining 60 per cent of its agricultural productivity during the 30-year life of the mine. The land will be returned to approximately 90pc of its former productivity once mining and rehabilitation is completed.
The Land Court hearing started in Dalby on Friday.
There was not a spare seat in the court room which was packed by more than 10 lawyers lined up representing landholders, DERM, Xstrata and Friends of the Earth as well as witnesses and Xstrata company representatives.
With the case challenging what could become the largest open cut coal mine in the southern hemisphere, there was much as stake, reflected in the often extremely tense atmosphere in the court room.
Wandoan landholder, Pat Devlin, Carmody Downs, told the court his fuel agency business was at risk.
He said Xstrata's proposed redevelopment of roads surrounding his property would increase the time it took for his delivery driver to cart fuel by at least 45 minutes, which would result in the driver missing a carefully planned schedule to comply with the 14-hour maximum work day legislative requirement for truck drivers.
Mr Devlin told the court the proposed Xstrata road closures for mine development would force diversions for the truck which would "blow it right out of the water for time in our log book".
Xstrata objected, claiming that their calculations suggested diversions would only increase the travelling time by about 20 minutes.
"There's a lot of difference calculating time when you're sitting in an office in Brisbane than when you're driving the truck," Mr Devlin responded to laughter from the court.
Mr Devlin said he had been told by Xstrata he could request an escort through their development during the construction phase of the project.
However, Mr Devlin said he should not have to do that.
"I am the son of a soldier settler - why should I go to a foreign-owned company with my cap in my hand and ask to make a wide load through their land?" he said.
Mr Devlin included in his court submission a series of solutions for consideration, including Xstrata upgrading selected roads and bridges to be able to take wide access and 30-tonne loads.
Landholder, Lawrence Peak of Cherwondah, said he had not received a guarantee from Xstrata that he could continue to use a bore on an adjoining property.
Mr Peak's bore had previously been within his property until he gave the patch of country to his neighbour on the condition he could access it during times of need.
The neighbouring property and bore are now owned by Xstrata.
Mr Peak said the bore agreement was done on a handshake between farmers, which he wished was how he could deal with Xstrata "but that is not possible".
Landholder John Bruggemann, Alcheringa, said the lengthy negotiations with Xstrata had been a "nightmare".
He said he was concerned about corrosive fallout and dust on his pasture.
"We had a property in the Dalby area where we used to do oats for fattening and it adjoined a quite dusty road, and our observation there was that up to 100 metres inside of the paddock was covered with dust," he said.
"The cattle never really wanted to eat it - and if they're not eating their feed, they are not getting fat.
"It is weight gain that we're looking for to make money."
The court case is expected to conclude late this week.
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