NSW Planning acting against court ruling and public interest in approving Mt Pleasant coal extension
The NSW planning department can no longer be trusted to act in the public interest after it granted a 6-year extension to MACH Energy’s Mt Pleasant coal mine on Friday, despite a recent legal ruling declaring an approval for the mine to operate out to 2048 invalid on climate grounds, Greens MP and mining spokesperson Cate Faehrmann.
The department’s approval also comes while the High Court of Australia is yet to rule on an appeal from MACH Energy. Cate Faehrmann wrote to the Planning Minister last Tuesday (detailed below) seeking urgent clarification about MACH Energy’s apparent breaches of development consent conditions at Mount Pleasant.
“For the planning department to give MACH Energy the tick of approval despite the NSW Court of Appeal ruling that its consent out to 2048 is invalid is totally outrageous,” said Ms Faehrmann.
“Worse, just last week I wrote to the Planning Minister with concerns that MACH Energy appeared to be operating outside its current consent. That is, despite the Court ruling its 2048 consent invalid, it appeared to be operating under that consent anyway.
“This action by the planning department sends a very clear message that mining companies can do whatever they like, even if they have no approval to do so, and the government will tidy things up for them afterwards.”
“The Government has also effectively rewarded MACH Energy for breaching its consent conditions by increasing the extraction limits to accommodate the very over‑extraction they were warned about. Instead of enforcing the law, the Government has changed the law to suit the company.
“This decision raises serious questions about whether the Department of Planning has investigated MACH Energy’s conduct at all and whether any enforcement action has been taken.
“The Minister also needs to explain why MACH Energy was able to get an approval granted while community groups have not even been given a response to the very legitimate concerns raised.
“There are serious questions to answer, including whether MACH Energy had been operating unlawfully and whether planning department officials have chosen to validate those activities,” said Ms Faehrmann.