MACH energy's Mt Pleasant Coal Mine expansion - motion

Cate Faehrmann

NSW Greens MP

21 October 2026

On 21 October 2026, Ms Cate Faehrmann MLC moved: 

1. That this House notes that: 

   1. on 24 July 2025 the NSW Court of Appeal in Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc v MACH Energy Australia declared the development consent SSD/10418 by the IPC in 2022 for its Mount Pleasant mine invalid due to the failure by the IPC to consider the local impacts arising from the emissions of the burning of the exported coal,

   2. MACH Energy appealed this decision in the High Court of Australia,

   3. on 7 October 2026 the High Court dismissed the appeal, meaning the 2022 approval by the Independent Planning Commission for MACH Energy to double its coal production out to 2048 was invalid, and the only valid licence for the mine authorised the extraction of up to 10.5Mt coal per annum,

   4. In spite of this, and the court ruling, MACH Energy representatives informed a meeting of its Community Consultative Committee on 11 June 2026 that the company intends to increase its rate of extraction to 16.5MT per year in August 2026,

   5. For some months and up until today 20 October 2026, MACH Energy has stated on its website:

      1. MACH Energy commenced the Mount Pleasant Optimisation Project under the Development Consent SSD 10418 on 12 February 2024.  This Project allows for ongoing mining and employment opportunities at the Mount Pleasant Operation until 2048.

      2. Activities at Mount Pleasant Operation are currently occurring in accordance with both Development Consents SSD 10418 and DA 92/97, as well as other statutory approvals.

   6. the legal representative of Denman Aberdeen Muswellbrook Scone Healthy Environment Group (DAMSHEG), Johnson Legal, wrote to the Planning Secretary in December 2025 and July 2026 requesting an investigation into the fact that MACH Energy was operating outside its one valid approval,

   7. on 10 August 2026, Cate Faehrmann MLC wrote to the Planning Minister regarding the department’s lack of response to the issues raised by Johnson Legal, to which I received a response on 18 August stating that an investigation was being undertaken, and

   8. despite an investigation supposedly being underway and an appeal against its invalidated consent still to be heard before the High Court of Australia, the Department of Planning approved MACH Energy’s Modification 8 on 14 August 2026, extending the lifespan of the mine to the end of 2032 and increasing its approved ROM coal per year from 10.5 Mt to 12.5Mt.

2. That this House further notes that:

   1. on 19 October 2026, Premier Minns and Natural Resources Minister Houssos Government announced that the Government would pass standalone legislation in the next few weeks authorising MACH Energy to increase annual coal output to 16.5Mt out to 2032 accompanied by a Jobs Guarantee,

   2. Media reports state that the mine’s owners were preparing to sack workers by Christmas “because it had scaled up its workforce to prepare for an increase in its production limit to 21 million tonnes a year, as previously approved by the IPC,” 

   3. The government’s media release issued 19 October 2026 stated that ‘it is anticipated MACH Energy will continue working through the court process to gain approval to continue its existing operations until 2048’, and

   4. “State capture” refers to the undue influence by powerful individuals or corporations in shaping the formation of laws, policies, regulations and institutions of the state to their own advantage, at the expense of society. 

3. That this House:

   1. condemns MACH Energy for having flagrant disregard for the July 2025 Court of Appeal decision and increasing coal output and scaling up their operation in contravention of that ruling,

   2. condemns the Minns Government for acceding to the manufactured jobs threat engineered by MACH Energy to receive special treatment by this Labor Government, 

   3. affirms that the planning process in NSW should be independent, transparent and free from state capture by vested interests, and

   4. Rejects special treatment legislation by the Minns Labor Government for its coal billionaire mates.