Recent decisions unearth inconsistencies in coal mine planning and approval processes

Over a three-week period commencing at the end of September, four landmark decisions were announced that will help shape the future of coal mining in New South Wales (NSW). Encompassing planning, legislation and legal rulings, they highlight the policy and planning improvements that will be needed to support net zero transition pathway legislated by the state government.

The first decision came on 30 September, when the NSW Independent Planning Commission (IPC) announced the largest coal mine approval in the state’s history – Hunter Valley Operations (HVO)’s application to extend operations at two of its mines. A week later on 7 October, the High Court dismissed an appeal by MACH Energy to reinstate the IPC’s approval of its Mount Pleasant Optimisation Project, which the NSW Court of Appeal had overruled because it had failed to consider the impact of Scope 3 emissions caused by Mount Pleasant.

In response to the High Court decision, the NSW Premier on 19 October announced legislation that would allow MACH Energy to increase coal production at Mount Pleasant by a third under the current lease to 2032. Finally, on 21 October the NSW Parliament passed a bill to establish the Future Jobs and Investment Authority (FJIA), which will provide funding and assistance to support employment transition for coal workers following mine closures.

Jobs and public benefits are key themes Each of the decisions is significant in its own right, but viewed together, they highlight the key themes and priorities of the NSW Government within their legal obligations, especially as defined by the High Court of Australia. These are:

This story was originally published by Hellenic Shipping News. Read the full story at Hellenic Shipping News →