Mining giant MACH Energy has formally submitted an application for a six-year extension to its Mt Pleasant Mine operations located near Muswellbrook in the Hunter Valley. This move comes as the company simultaneously prepares for a significant legal confrontation in the High Court regarding the mine's long-term operational future.
Extension Details and Production Increase
The current mining approval for the Mt Pleasant site is set to expire on December 22 of this year. Under the new modification application, known as Mod 8, the operation would be extended until December 2032. Notably, the proposed modification includes an increase in the coal extraction rate from 10.5 million tonnes per annum to 12.5 million tonnes per annum.
High Court Appeal and Optimisation Project
The High Court has granted MACH Energy leave to appeal a previous ruling by the NSW Court of Appeal. That ruling overturned the Planning Department's approval of the Mt Pleasant Optimisation Project, which would have allowed the mine to double its current production rate to 21 million tonnes annually until 2048. The project was initially approved by the NSW Independent Planning Commission in 2022.
Environmental Group's Legal Challenge
The Denman Aberdeen Muswellbrook Scone Healthy Environment Group, commonly referred to as DAMSHEG, launched an appeal against the approval in the Supreme Court. The group argued that the environmental and climate impacts of the project were not adequately considered by the Independent Planning Commission.
A key point of contention was the effect of scope 3 emissions – those generated from the burning of exported coal. The court found that the commission's reasoning did not demonstrate acceptance that these emissions would contribute to global climate change. Justice Julie Ward stated in her judgment that the commission failed to consider a mandatory consideration in this regard.
Community and Health Concerns
DAMSHEG treasurer Tony Lonergan has been vocal about the potential consequences of expanded mining operations. He contends that both state and federal environmental laws have been breached, describing the approval of a mine projected to emit over three-quarters of a billion tonnes of CO2 by mid-century as "ridiculous."
Lonergan also expressed concerns about public health, predicting that the community would suffer from increased respiratory illnesses due to deteriorating air quality. "The already poor air quality in Muswellbrook is going to be worse," he warned. "You cannot double production without increasing the amount of dust emanating from the mine. Health alerts for individuals with compromised respiratory systems are already a regular occurrence."
Company's Position and Future Steps
In a statement released in December, MACH Energy indicated it is preparing a comprehensive case regarding the validity of the Mount Pleasant approval. The company emphasised its commitment to operating in alignment with existing approvals and conditions, aiming to provide long-term continuity and certainty for its employees, contractors, customers, and the local community.
As the legal proceedings advance, the outcome of the High Court appeal will significantly influence the trajectory of mining activities in the Hunter Valley, balancing industrial interests against environmental and health considerations.
