Correspondence Regarding Eagle Downs Coal Mine Project - EPBC 2008/3945.

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Eagle Downs Coal Mine (EPBC 2008/3945) correspondence from June 2013 reveals a compliance dispute over notification requirements. The company (acting as agent for Aquila Coal and Bowen Central Coal) notified the Department of Sustainability, Environment, Water, Population and Communities of project commencement following discussions on 23 May 2013, after conducting box-cut works. A disagreement emerged over Condition 4 of the EPBC approval, which required written notice within 14 days of commencement. The Department contended notification should have occurred when box-cutting began; the company initially interpreted the condition as triggered only upon impact to matters of national environmental significance. Both parties acknowledged the condition's ambiguity. The company ultimately provided notification without admitting breach, based on the Department's position and subsequent legal advice discussions.