POWERFUL international stud farms have slammed the gate on Nucoal's controversial Doyle's Creek coal mine project in the Hunter Valley.
But the company is still pushing for access to a neighbouring small farm, taking the matter to arbitration.
A significant part of Nucoal's exploration licence (EL) lies on Coolmore, a showpiece 3439-hectare Thoroughbred stud near Jerry's Plains.
Nucoal has plans for a longwall mine targeting 505.5 million tonnes of coal - but Coolmore Australia racing and business manager, Tom Magnier, confirmed Coolmore had denied the company access to its pristine property.
"We are of the view that the proposed exploration could impact adversely on our operation, and the second reason is that the State Government is working on a strategic land use policy, which we hope will protect key industries such as Thoroughbred breeding," he said.
Nucoal has sought permission to explore across both Coolmore and Darley and does not have access to either.
Darley Australia corporate director, Andrew Wiles, said Nucoal had initially sought access to its property but it was doubtful that Darley and Nucoal would ever agree on acceptable terms.
"We had some initial conversations in mid-2010 around direct access and terms and we have not heard from them since late last year," Mr Wiles said.
"Darley is resolute in its opposition to small speculative mines on our doorstep - we are not anti-mining, but the encroachment is reaching saturation point and we share the community's concerns with regard to access."
Meanwhile, Nucoal has forced Appletree Flat farmers, Ian and Robyn Moore, "Strathmore", into arbitration over access.
Mr Moore, whose property is behind Coolmore, has denied Nucoal access onto his 182ha cattle-finishing and lucerne production farm for more than a year, and has now engaged lawyer, Peter Long, of Slater and Gordon, who was instrumental in the Caroona BHP battle.
"Like the studs, we have never agreed to let them on our property yet they have only taken us to court. It looks like they want to pick on the little people," Mr Moore said.
Nucoal managing director, Glen Lewis, denied Nucoal was taking a more aggressive approach with smaller landholders such as Mr Moore, while steering clear of well-resourced multinational Thoroughbred operations.
"Darley have no land in the EL area and we are continuing with Coolmore using the legal process that is in place in NSW to negotiate land access agreements," he said.
Commenting on the legal action against Mr Moore, he said, "I have always said I would prefer to negotiate access agreements rather than have them arbitrated, but unfortunately not all landholders are prepared to negotiate".
NSW Resources and Energy Minister, Chris Hartcher, confirmed the Nucoal EL - controversially approved by former Primary Industries and Mining Minister, Ian Macdonald, in December 2008 - was part of a statewide audit of ELs with a report expected in November.
The Moores welcomed the announcement last Friday by the Government that it is currently undertaking an audit into the granting of the Doyle Creek Mine exploration licence.
Through their solicitor, they have this week sought confirmation from Mr Hartcher that Nucoal should be restrained from entering their land until after the findings of the audit have been completed and publicly released.
The granting of the licence has already been the subject of a internal review by the former Labor Government.
Mr Moore's solicitor, Peter Long, said he had represented some 60 farmers in similar situations and it was always stressful for them.
"In this case, there is a specific inquiry into the granting of that particular licence and Ian and Robyn Moore have raised with the government their serious concerns as to the granting of that licence," he said.
"I have written to the Minister (for Resources, Chris Hartcher) seeking his confirmation that this legal process will be stood over until the audit of this exploration licence is completed and publicly released."
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