Monday 19 October 2026
The Denman Aberdeen Muswellbrook Scone Healthy Environment Group (DAMS HEG) won the High Court case over the Mount Pleasant coal mine. It says the NSW Government’s plan to legislate for higher production at that one mine looks like legislative overreach, and is asking the Government to publish the Bill and answer how much coal the mine has been producing, and under which approval.
The Government says it will introduce legislation in the next sitting fortnight to authorise Mount Pleasant to produce 16.5 million tonnes a year until 2032, with a guarantee that MACH Energy keeps its current permanent workforce until then. The Bill would also add conditions to minimise the mine’s Scope 3 emissions.
The Government’s own release says MACH Energy has been scaling up its operations in line with the 2022 Independent Planning Commission approval, which the courts have found was made invalid. The mine’s current approval allows 12.5 million tonnes a year to 2032 (approved in August), up from 10.5 million tonnes under the original consent. DAMS HEG has asked the Department of Planning what the mine has produced and under which approval, and has not received answers.
DAMS HEG says workers’ livelihoods matter, and that protecting them should not depend on a special law for one company.
Elaine Johnson, Director, Johnson Legal, the firm that represents DAMS HEG in the Court of Appeal and High Court, said: “The announcement from the Government today that it will legislate to allow increased production at Mount Pleasant coal mine looks like legislative overreach.
“The proposed changes to the law to allow an increase in production limits at one mine in NSW makes it look like laws are being written for individual mine owners and not in the public interest.
“The mine already has a modified approval allowing continued production until 2032. It’s unclear why it needs special legislation to increase production without going through the proper planning process.
“Communities engaged in good faith in the planning process around this mine. This community brought public interest litigation seeking to enforce the law of the land. They won. That decision needs to be respected.
“What is needed is not special legislation increasing coal production. What is urgently needed is a sensible and appropriately funded transition plan for places like the Upper Hunter for a clean and healthy future for all.”
Wendy Wales, President, DAMS HEG, a retired science teacher who lives next door to the Mount Pleasant mine, said: “We have never wanted anyone in the Hunter to lose their livelihood. What was asked was whether our governments properly consider the cost of climate harm unleashed by the burning of export coal. The Government’s own release says the mine has been scaling up on an approval the courts have set aside. A law written for one company, days after the High Court ruled against that company, is an inappropriate use of the NSW legislative process. The laws should reflect a balance where the overall welfare of citizens and environment is paramount and industry serves the needs of all citizens.”
Tony Lonergan, Treasurer, DAMS HEG, a retired science teacher and farmer whose family has worked land in the Upper Hunter for generations, said: “If parliament can find the time to legislate for one mine in a fortnight, it can find the time to finish the Future Jobs and Investment Bill, which passed the upper house on Thursday and now returns to the lower house. That bill is for workers at every coal mine, not just one. Mount Pleasant already has an approval to run until 2032. Six years is enough to plan properly for the people who work there.”
DAMS HEG is asking the Government to publish the Bill before it is debated, to say what Mount Pleasant has produced since July 2025 and under which approval, and to make clear whether the Bill validates past production.
Sean Kennedy, Senior Media Advisor, Climate Media Centre, 0447 121 378, [email protected]
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BACKGROUND
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The High Court dismissed MACH Energy’s appeal by a 3 to 2 majority on 7 October 2026. The 2022 approval for the Mount Pleasant expansion (to 21 million tonnes a year and 2048) remains invalid, and the matter returns to the NSW Land and Environment Court.
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The mine’s approvals are 10.5 million tonnes a year under the original consent (DA 92/97) and 12.5 million tonnes a year to 31 December 2032 under Modification 8, approved on 14 August 2026.
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The NSW Government announced on 19 October 2026 that it will introduce legislation in the next sitting fortnight to authorise 16.5 million tonnes a year until 2032, require MACH Energy to sign a Jobs Guarantee to keep its permanent workforce until 2032, and add conditions to minimise Scope 3 emissions. It describes the Bill as a one-off for Mount Pleasant.
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The Government’s release refers to 400 jobs and also to 826 permanent workers and contractors at the mine. The Mining and Energy Union has said more than 700 jobs are affected.
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The Future Jobs and Investment Bill establishes a fund and a public authority to promote economic diversification in coal-dependent communities, and requires coal mine owners to provide transition support for workers when mines close. It passed the Legislative Council on Thursday 15 October with minor amendments and now returns to the Legislative Assembly.
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DAMS HEG is represented by Johnson Legal. Johnson Legal case page: https://www.johnsonlegal.au/the-latest/mach-energy-v-denman-high-court-of-australia
Contact details:
Sean Kennedy, Senior Media Advisor, Climate Media Centre, 0447 121 378, [email protected]