Coal corporations above the law as Minns Labor moves to override High Court

Australian Greens

The Minns Labor Government is introducing special legislation into NSW Parliament today to grant billion-dollar coal corporation MACH Energy permission to expand production at its Mount Pleasant coal mine, overriding a High Court victory that exposed serious failures in the assessment of the mine’s climate impacts.

The extraordinary intervention puts the interests of the coal industry ahead of the rule of law, community rights and climate protection, setting a dangerous precedent where corporations can use political allies to overturn the consequences of successful legal challenges.

NSW Greens MP, solicitor, and spokesperson for Planning and Climate Change Sue Higginson said:

“Chris Minns is putting coal corporations above the law. The coal industry has such a hold over this Labor Government that when a billion-dollar coal corporation loses in court, the Premier steps in to change the law for them,”

“Communities fought this coal expansion through the courts and won. The High Court upheld their challenge and confirmed that the climate impacts of burning exported coal must be properly considered and at the time of the decision to approve or refuse the mining of that coal. Now the Government is using its power in Parliament to circumvent the consequences of that decision and deny communities the legal protections they fought to uphold,”

“The coal industry has spent decades buying political influence through donations, lobbying and privileged access to decision-makers. This legislation is the result of a political system that allows the corporations responsible for driving the climate crisis to exercise extraordinary influence over the laws that are supposed to regulate them,”

“Labor has accepted MACH Energy’s claims about threatened job losses without publicly demonstrating that hundreds of jobs are actually at risk. The mine already has approval to operate until 2032, and was advertising for new jobs within hours of Minns announcing they would give them what they demanded,”

“Every additional tonne of coal extracted from Mount Pleasant will contribute to the climate crisis that is already costing communities across NSW their homes, livelihoods and futures. The Government knows the consequences of expanding coal production, but it’s choosing to protect the commercial interests of the coal industry instead of the people who will bear those costs,”

“Chris Minns is setting a dangerous precedent that the law applies to everyone except the coal corporations with enough political influence to have it changed. The Greens will oppose this legislation, and we will continue to stand with the communities fighting for climate justice, environmental protection and the right to hold powerful corporations accountable,” Ms Higginson said.

Background:

YouGov NSW Coal Mining Attitudes Poll – Key Toplines

54% of NSW voters believe Parliament should accept a High Court ruling against a major development project and allow the independent planning process to continue, compared with 16% who believe Parliament should be able to legislate to allow the project anyway.

61% of NSW Labor voters believe Parliament should accept the High Court’s ruling, compared with just 15% who support legislative intervention.

57% of NSW voters believe the environmental and economic harm caused by burning coal mined in NSW should be considered when determining mining projects, compared with 21% opposed.

73% of NSW Labor voters support considering the environmental and economic harm from burning coal in mining decisions.

41% of NSW voters oppose further coal mine expansions for overseas exports, compared with 37% who support further expansions and 21% who are unsure.

50% of NSW Labor voters oppose further coal mine expansions for export, compared with 28% who support them.

53% of NSW voters support a proactive government plan to phase out coal exports with increased support for affected workers, compared with 30% who prefer continued coal mine expansion and leaving closure dates to mining companies.

69% of NSW Labor voters support a proactive plan to phase out coal exports, compared with just 15% who prefer continued expansion and company-determined closures.

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