23 July 2025
An Upper Hunter community group is continuing its fight against one of NSW’s largest coal mine expansion projects, with judgment being delivered by the President of the NSW Court of Appeal at 9.30am tomorrow.
The decision will determine how the NSW Government is to deal with Scope 3 emissions when approving new and expanded coal mines in the State.
Exported emissions from the burning of coal are Australia’s biggest contribution to global climate harm. NSW is the second biggest exporter of Australian coal, behind Queensland.
The Denman Aberdeen Muswellbrook Scone Healthy Environment Group INC (DAMS HEG), argues the Independent Planning Commission failed to consider climate impacts when it approved Indonesian company MACH Energy’s Mt Pleasant Coal mine expansion in 2022.
In August last year, the NSW Land and Environment Court rejected DAMS HEG’s subsequent judicial review request.
DAMS HEG appealed this decision which was heard by a full bench in the NSW Court of Appeal.
The President of the NSW Court of Appeal will deliver judgment in this pivotal climate case at 9.30am tomorrow in Sydney - Daily Court List for 24 July 2025
The Mt Pleasant expansion:
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Doubles the current rate of coal production to 21 million tonnes per annum until 2048.
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Releases about 876 million tonnes of climate pollution when the coal is burnt.
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Impacts habitat of the recently discovered Hunter Valley delma (a legless lizard), which is now listed as a threatened species.
DAMS HEG president Wendy Wales said,
“The burning of fossil fuels like thermal coal mined at Mt Pleasant is destabilising the earth’s climate equilibrium. Stable, habitable weather conditions that have allowed humanity to flourish over millennia are at breaking point.
“It shouldn’t be up to a small community group like DAMS HEG to fight this global battle, but in the absence of meaningful government action to protect us from climate harm arising from coal mines, we feel we have no choice but to stand up for our children and grandchildren, the public interest, the rule of law and nature itself.
“NSW communities are already facing unprecedented catastrophic climate events, and nature is disappearing before our eyes.
“MACH Energy’s Mt Pleasant coal mine expansion must be properly assessed in accordance with the law - the safety of our communities and the climate depend on it.”
Australian Environmental Lawyer and Johnson Legal Director, Elaine Johnson, said
“Residents of NSW have suffered multiple catastrophic climate events in recent years, including extreme floods, bushfires and drought.
“Our client alleges that the Independent Planning Commission failed to consider the impacts of climate harm on the people and environment of NSW when deciding whether to approve the Mount Pleasant coal expansion.
“DAMS HEG also says that the Commission was required to consider imposing conditions on the mine that would minimise exported greenhouse gas emissions, and failed to do so.
“Our client has brought its case to the highest court in NSW, seeking a determination on the responsibility of the NSW Government to minimise climate harm from greenhouse gas emissions when deciding whether to approve more fossil fuel extraction.
“The best available science tells us that remaining coal reserves must be kept in the ground if we are to have any hope of keeping emissions to 1.5oC in line with the Paris Agreement.
“Yet, decision-makers in NSW are still approving more coal mine expansions, and the Mount Pleasant coal mine is the biggest of them all.
“Tomorrow’s judgment will determine whether the NSW Government is required by its own planning laws to consider the impacts of coal expansions on the people and the environment of NSW, and to minimise climate harm when it comes to Scope 3 emissions.”
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Background:
DAMS HEG contested that the Independent Planning Commission failed to act in accordance with NSW planning and environmental laws by:
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failing to consider whether conditions could be imposed to minimise Scope 3
emissions, as required by cl 2.20 of the NSW State Environmental Planning Policy (Resources and Energy) 2021; and
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failing to consider the likely climate impacts of the Mount Pleasant coal mine expansion on the environment and people of NSW, as required by s4.15 of the Environmental Planning and Assessment Act 1979 (NSW).
Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc is located in the Upper Hunter and is dedicated to providing a community voice to industry and all levels of government in defense of our natural environment in the interests of human health and well being, and the protection of biodiversity.
MACH Energy is owned by Indonesian company Salim Group via subsidiaries in Singapore and the British Virgin Islands.
Contact details:
CMC Senior Media Advisor - Sean Kennedy: 0447 121 378 [email protected]
