NSW coalmining companies using planning 'loopholes' to avoid scrutiny

Coalmining companies in NSW are using loopholes in planning laws to get expansions approved, say the Greens and environmental groups.Up to 30 million tonnes of additional coal will be extracted from Idemitsu's Boggabri mine after the NSW Department of Planning, Housing and Infrastructure (DPHI) endorsed a modification to the existing plan on Monday.The decision will keep the New England mine running until 2040, generating an estimated 68 million tonnes of greenhouse gas emissions.The modfication will see 84 hectares of native vegetation cleared within the Leard State Forest. (ABC News: Lisa Herbert)The Greens and environmental groups have accused the NSW government of using the modification process to get around more stringent planning rules for new developments.Community group People for the Plains (PFTP) was one of 16 objectors to the Boggabri mine modification.PFTP secretary Sally Hunter said applying for modifications was a "loophole" that mining companies could exploit to avoid the full rigour of applying for a new development."Within the NSW planning process, there are certain criteria that need to be met to go through a full process, and these modifications slip under that trigger point," she said.Sally Hunter believes the state government is allowing mining companies to use "loopholes". (Supplied: Lock the Gate)"When it goes to a full process, there's a lot more scrutiny, whereas the modifications are reviewed and approved by the department."Modifications unlocking miningSo far, the government has approved 13 extensions since the 2023 election, including at Mount Pleasant in the Upper Hunter last month.Greens spokesperson for the environment and climate change Sue Higginson said modifications approved in the Gunnedah basin, the Hunter Valley, and the Upper Hunter were an easy route to unlock more mining."It's get in the door, get your approval and then seek the expansion and impact process by modification," she said."It's a bit like the death by a thousand cuts analogy."Everybody knows we are talking about new coal, new areas for longer periods of time."Sue Higginson says mine modifications are a slow death. (ABC News: Berge Breiland)The Idemitsu expansion at Boggabri will allow about 84 hectares of native vegetation within the Leard State Forest to be cleared.PFTP argued the mine would negatively impact the habitat of critically endangered birds such as the regent honeyeater and swift parrot.Regent honeyeaters are under threat in the region. (Supplied: Dean Ingwersen)'A full merit-based assessment'In a statement, Planning Minister Paul Scully said there was no basis for the assertions of loopholes."Every mining proposal or modification goes through a full merit-based assessment," he said."The modification for Boggabri was on public exhibition from 13 June to 11 July 2025 to allow the community to have their say."NSW Planning Minister Paul Scully says there is no basis for the assertions of loopholes. (Four Corners)A DPHI spokesperson said it undertook a rigorous merit assessment of the Boggabri mine, including community input, consideration of greenhouse gas emissions and potential impacts to threatened species, surface water and groundwater.In the notice of decision, the department imposed several conditions, including reviews and updates of biodiversity and water management plans, and a requirement to prepare a greenhouse mitigation plan before April 2027.The department considered a previous modification approved in 2019, and found that a new development application was not needed.Crucial for the communityAccording to Idemitsu, the Boggabri coal mine provides about 875 jobs, with most workers living locally.President of the Boggabri business chamber Suzanne Torrens said the expansion would continue to provide crucial jobs for the area."Without the mining industry, our community wouldn't survive," she said."It's going to help keep our younger generation in the town as it creates job opportunities."Suzanne Torrens says the Boggabri mine is the largest employer in the area. (supplied)Ms Torrens said she understood opponents' concerns but trusted the operator to follow environmental impact standards."I believe the mines are doing everything in their ability to make sure the area does go back to its natural state," she said.Idemitsu declined to comment on the modification approval.