Politics · Australia · 3 hrs ago
NSW moves to let Hunter Valley mine keep producing more coal
The New South Wales government has introduced laws to let Mount Pleasant mine keep producing more coal in the Hunter Valley.
Mine operator MACH Energy lost a High Court appeal in October over a plan to expand production, after the court found planners had not considered emissions from coal burned overseas.
The mine’s existing permit allows up to 12.5 million tonnes a year, while the new laws would allow 16.5 million tonnes annually until 2032.
The government says the change addresses legal uncertainty and would require exports to go to countries that have signed the Paris Agreement.
Legal experts have criticised the move, while Premier Chris Minns says the government remains committed to renewable energy and climate action.
A lower court is due to review the case in December, while the proposed laws would set the mine’s production limit in the meantime.
The NSW government has introduced legislation to let the Mount Pleasant coal mine produce up to 16.5 million tonnes a year until 2032.
The move follows an October High Court ruling that the mine’s expansion approval was invalid because authorities had not considered emissions from burning exported coal overseas.
The mine’s original permit allows production of 12.5 million tonnes a year, while it was on track to produce 16.5 million tonnes in 2026.
Premier Chris Minns said the legislation would address legal uncertainty and protect jobs and economic growth.
Legal critics said the intervention risked bypassing the court process, while the government said the bill would require exports to go to countries that signed the Paris Agreement.
- Who
- The NSW government, led by Premier Chris Minns, has introduced the legislation. It concerns the Mount Pleasant mine, operated by MACH Energy.
- What
- The legislation would allow the mine to produce up to 16.5 million tonnes of coal a year until 2032.
- When
- The government introduced the laws on Tuesday, 10 November 2026. The High Court ruled against the expansion in October.
- Where
- The Mount Pleasant mine is in the Hunter Valley, New South Wales, Australia.
- Why
- The government said the laws would address legal uncertainty and protect jobs and economic growth.
NSW government
Legal critics and opponents
Purpose
NSW government
The government says the legislation addresses legal uncertainty and can protect jobs and economic growth.
Legal critics and opponents
Critics say the intervention risks bypassing court processes and undermining the rule of law.
Legal effect
NSW government
The government denies that the bill overturns the High Court decision and says it would require exports to go to Paris Agreement signatories.
Legal critics and opponents
The High Court found the expansion approval invalid because authorities had not considered emissions from burning the exported coal overseas.
MACH Energy received approval for the Mount Pleasant mine expansion.
A NSW Court of Appeal ruling found the expansion approval may have been invalid because overseas emissions had not been considered.
The High Court ruled the expansion approval invalid on grounds relating to emissions from burning exported coal overseas.
The NSW government introduced legislation to allow production of up to 16.5 million tonnes a year until 2032.
The NSW Land and Environment Court is due to review the case.
- Mine
- Mount Pleasant, Hunter Valley, New South Wales
- Operator
- MACH Energy
- Existing permit
- 12.5 million tonnes of coal per year
- Proposed limit
- 16.5 million tonnes per year until 2032
- 2026 production profile
- The mine was on track to extract 16.5 million tonnes
- Court review
- NSW Land and Environment Court, due in December
What people are saying
But this is the biggest reform and revolution of energy markets in the state's history, and I reserve the right to make an intervention to protect jobs and grow the economy where I think it's warranted.
The idea that a substantial mining venture can approach the government and say look, let's go behind the court processes and sort this out between ourselves is a very dangerous precedent, and that's exactly what appears to have happened here
In the last 20 years, we have doubled coal production,