Minns bypasses court ruling to expand coal mine

NSW premier introduces emergency legislation to allow Mount Pleasant coalmine to increase production by 32%, just days after high court ruled the original approval invalid.

Oct 19, 2026

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Minns bypasses court ruling to expand coal mine

NSW premier introduces emergency legislation to allow Mount Pleasant coalmine to increase production by 32%, just days after high court ruled the original approval invalid.

In brief

NSW premier introduces emergency legislation to allow Mount Pleasant coalmine to increase production by 32%, just days after high court ruled the original approval invalid. NSW premier Chris Minns introduced legislation to allow MACH Energy to increase coal output at Mount Pleasant by four million tonnes yearly…

Court ruling overturned by law

Court ruling overturned by law

NSW premier Chris Minns announced emergency legislation to allow Mount Pleasant coalmine to increase annual coal output by four million tonnes to sixteen point five million tonnes per year until twenty thirty-two.

High court decision just overturned

The move comes less than two weeks after the high court ruled that the approval of an expansion at the mine in Muswellbrook was invalid.

Current approval already in place

The company is currently permitted to mine up to twelve point five million tonnes under a separate modification approved in August.

Jobs crisis justifies the bill

Jobs crisis justifies the bill

Minns said the bill was necessary to save four hundred jobs at the site before Christmas.If the bill passed, MACH Energy agreed to a jobs guarantee to retain the current permanent workforce until twenty thirty-two.

“After discussions with the company, it's become apparent that there are 400 jobs on the line that will go before Christmas without this intervention.”

Greens call it legislative overreach

NSW Greens climate spokesperson Sue Higginson said the government was bypassing the planning process and the law as laid down by the high court. She said coal mining giants are writing the laws under Labor.

“This is an incredible new low for the Minns Labor government, bypassing the planning process and the law as laid down by the high court of Australia.”

Community group rejects jobs argument

Georgina Woods from the Lock the Gate Alliance accused the government of manufacturing a crisis to give special treatment to a coal company.

“Premier Minns is manufacturing a crisis to give special treatment to a coal company, there is no threat to jobs at Mount Pleasant, which already has approval to stay open for another six years.”

Minns defends balancing act

Minns defends balancing act

Minns said the bill would include restrictions on scope three emissions similar to those in the Hunter Valley Operations extension approval. He said the government must balance both industry and jobs with environmental concerns.

“These are not easy decisions. They're incredibly difficult, and I've agonised over this one in particular.”

Lawyer warns of legal precedent

Elaine Johnson, who represented the Denman Aberdeen Muswellbrook Scone Healthy Environment Group in the high court proceedings, said the announcement 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 against the public interest.”

Minns denies setting precedent

Asked if the legislation undermined the high court's decision, Minns said the government was not seeking full approval but just to keep pace with the current workforce.

The headline

NSW premier Chris Minns introduced legislation to allow MACH Energy to increase coal output at Mount Pleasant by four million tonnes yearly, bypassing a high court decision that invalidated the original expansion approval.

Read the original on the Guardian

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