Coal mine extension awaits minister’s approval after legal appeal dismissed

Whitehaven Coal’s proposed stage three extension of its Narrabri underground mine now awaits the minister’s approval to proceed.

Last week, the High Court of Australia declined to hear a legal challenge to make the federal Environment Minister and coal companies accountable for climate harm from new coal and gas projects.

The Full Federal Court also refused an appeal for the same matter in May.

Whitehaven is seeking to extend the life of its Narrabri mine from 2031 to 2044, extracting coal south of the existing mine.

The company says extending the life of the mine will see a $599 million net economic benefit to NSW, 500 continued jobs and $317 million of direct wages into the community.

When the Independent Planning Commission approved the extension in 2022, Whitehaven Coal managing director and chief executive officer Paul Flynn described it as a great outcome for the company and the hundreds of employees working at the mine.

“Big investments like Narrabri stage three are about lives and livelihoods and it’s no surprise the majority of submissions from the local area and wider region supported the proposal, as the IPC itself acknowledged,” he said in a statement at the time.

“While today is a great result for Whitehaven, it’s fantastic for the Narrabri region too – last financial year [2020/21] Whitehaven spent nearly $50 million with around 81 suppliers based in the Narrabri LGA.”

The Environment Council of Central Queensland (ECoCeQ), had applied for special leave to appeal to the High Court over the minister’s refusal to act on the climate impacts of plans for two large coal mine expansions, after the full Federal Court dismissed the group’s Living Wonders climate cases.

Represented by lawyers from Environmental Justice Australia, ECoCeQ argued the Environment Minister was legally required to protect the nation’s unique environment – including koalas, the Australian Alps and the Great Barrier Reef – from the climate harm of two huge coal mine expansions in NSW.

“For two years now, our community group has been in an epic legal battle to compel Australia’s Environment Minister do her job of protecting our environment from the climate damage of coal and gas,” Christine Carlisle, Environment Council of Central Queensland (ECoCeQ) president, said.

“Minister Plibersek chose to stand in court beside mining companies and defend her refusal to act for our climate. But we need her to be the Environment Minister, not the Minister for Mining Companies.

“Sadly, this court decision means our Environment Minister can choose to greenlight the 38 new coal projects on her desk, without scrutinising their climate risk. But she can also choose not to.”