A controversial coal mine in the NSW Hunter Valley has had a five-year mining extension approved after years of legal hurdles.
The mothballed Dartbrook Coal Mine near Aberdeen was denied a five-year extension by the NSW Independent Planning Commission (IPC) in 2019.
"A five-year extension would not be in accordance with the principles of ecologically sustainable development or inter-generational equity and, as such, is not in the public interest," a 2019 statement from the IPC said.
The NSW Land and Environment Court has upheld Australian Pacific Coal's (AQC as it is listed on the Australian Stock Exchange) appeal and the minister has now approved the extension after "detailed submissions" were weighed up in court.
In 2019, AQC applied to modify its standing development application with the proposal before the IPC known as 'MOD 7'.
The court found "that MOD 7 would not significantly increase the scale, intensity, or environmental impacts of the already approved project".
"The proposed conditions and the applicant’s decision to accept refusal of the alternative coal clearance system, the minister is now satisfied that the concerns forming the basis of the initial partial refusal of MOD 7 have been addressed," the judgement read.
Senior Commissioner of the Court Susan Dixon found mining could recommence in the Kayuga Seam but could only be mined using bord-and-pillar methods until an extraction plan was approved.
"Mining operations will remain limited by the maximum annual extraction limit, which controls the intensity of the mining operations over the course of the five-year extension," she said.
"The parties are agreed that when compared with the existing approved mining operation, MOD 7 will not have significantly increased environmental consequences."
Financial reports from earlier this year revealed the operator is in "dire financial straits", but in February AQC told the ASX an offer had been made.
The company issued a brief statement to the ASX following the court's decision.
"The company welcomes the agreement and will provide further communication on AQC and the Dartbrook Coal mine over the coming period," it said.
