New South Wales Premier Chris Minns announced on Monday that his government will introduce special legislation allowing MACH Energy to increase coal production at the Mount Pleasant mine in Muswellbrook by 32% to 16.5 million tonnes per year, just weeks after the High Court ruled the site’s expansion approval invalid. Minns stated the legislation is necessary to secure 400 jobs at the Hunter Valley coalmine before Christmas.
Legal Backlash and Criticism Over Separation of Powers
The government’s intervention drew immediate condemnation from legal and anti-corruption figures. Geoffrey Watson SC, a director at the Centre for Public Integrity and former senior counsel assisting the NSW Independent Commission Against Corruption, described the plan as disgraceful. Watson stated that the move effectively overturns a fair hearing and decision of the High Court of Australia, calling it contrary to the separation of powers.
Anthony Whealy, a former Supreme Court judge and fellow director at the centre, labeled the decision generally reprehensible. Whealy argued that the Minns government completely ignored significant rulings from both the NSW Court of Appeal and the High Court after receiving representations from a major foreign company. He added that the legislative override obliterated the prospect of the dispute being resolved in the Land and Environment Court.
Did You Know? According to the October High Court ruling, the Independent Planning Commission did not adequately explore the possibility of setting conditions to reduce scope 3 emissions—defined as those produced when the coal is burned abroad—to the maximum extent feasible.
Greens challenge job protection justification for bill
On Wednesday morning, the NSW Greens challenged the government’s job-protection justification for the bill. Climate spokesperson Sue Higginson pointed to a job advertisement posted by MACH contractor Thiess on the SEEK platform for multiple roles just hours after the premier’s announcement. Higginson accused the government of accepting false job numbers while undermining the integrity of the state’s planning and legal systems.
Tony Lonergan, treasurer of the Denman Aberdeen Muswellbrook Scone Healthy Environment Group (Dams Heg), argued that the state government was working hand-in-glove with the mine operators. Based on communications exchanged between Johnson Legal—acting for Dams Heg—and the NSW Department of Planning, the local collective previously voiced anxieties that MACH Energy might have kicked off the Mount Pleasant expansion after the NSW court of appeal invalidated its approval, subsequently expressing worries about the firm extracting coal past designated limits.
Expert Insight: The clash highlights deep friction between state-level economic interventions to preserve regional employment and court-backed climate accountability. While ministers argue that emergency legislation prevents job losses ahead of the holidays, legal experts warn that legislative overrides pose serious institutional risks to the separation of powers.
Department confirms investigation into Mount Pleasant operations
The Department of Planning confirmed in an August 14 letter that an investigation was commenced into operations at Mount Pleasant, though it declined to provide further details regarding the scope of the inquiry. Resources Minister Courtney Houssos maintained that compliance is a matter for the regulator and noted that whether any breach occurred remains undetermined. Houssos emphasized that the new legislation will not prevent that investigation or excuse prior breaches.
MACH Energy stated that it continually assured local communities it would explore all options to protect the project. The company maintained that it obtained legal advice confirming its 2022 planning consent remained valid throughout the High Court proceedings, which allowed them to take on additional workers at the higher operating rate.
High Court invalidates Mount Pleasant mine approval over emissions
Why did the High Court invalidate the Mount Pleasant mine approval?
The High Court determined that the Independent Planning Commission neglected to weigh the implementation of constraints designed to reduce foreign combustion-generated emissions—known as scope 3 emissions—as thoroughly as possible.
What production volume will the new NSW government bill permit?
The proposed legislation will allow MACH Energy to increase coal production at the Muswellbrook site by 32%, reaching 16.5 million tonnes per year.
Is the state government halting its regulatory investigation into the mine?
No. Resources Minister Courtney Houssos stated that the government’s legislation will not prevent the ongoing departmental investigation into the mine’s compliance with its planning approvals.
How will local communities and the broader energy sector balance legal planning constraints against regional employment demands as these court challenges continue?
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