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ARTICLE · 26 MAY 2021

How do you stop a coal mine expansion? Which case won?

Association attempted to restrain company from undertaking development in reliance on consent & to overturn consent decision.

AustraliaGovernment, Public Sector

The Facts

Coal mine in Upper Hunter approved for 21 years

In 2006, a company began operating an open cut coal mine in the Upper Hunter, NSW, under a consent granted by the state government.

The approved life of the mine was 21 years, until February 2027.

In January 2016, the company lodged a development application, seeking consent to expand the area of the mine and extend its operations by seven years, until December 2033.

Under the proposed expansion, the mine's output until 2027 would continue to be predominantly thermal coal for domestic sale. From 2027 to 2033, the mine would produce only high ash thermal coal for sale on the export market.

Developments in government's climate policy

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