Coal & Allied, commenting on the Supreme Court decision, said they were progressing with new planning applications as a matter of urgency, to secure a long term future for Mount Thorley Warkworth mine and the jobs of 1300 workers. 

Coal & Allied managing director Chris Salisbury said: “The decision by the court comes as no surprise, given the limited scope of the appeal available to us.”

“We remain committed to securing new approvals that will provide a long term future for Mount Thorley Warkworth mine and the jobs of its 1300 workers. 

“Our current approvals will only allow Mount Thorley Warkworth to maintain existing production and employment levels until the end of 2015. 

“It is essential we secure longer term approvals before then to ensure the mine remains economically viable. 

“The new proposals we are putting forward include a range of upfront measures that go above and beyond the existing comprehensive program to manage impacts from Mount Thorley Warkworth mine. 

“These upfront measures include an offer to provide more than 1800 hectares of land towards a National Park, four million dollars towards a significant regeneration program for the Warkworth Sands Woodlands and ironbark ecological communities, and more than one and a half million dollars for training and employment programs aimed at youth in the Upper Hunter.” 

Coal & Allied remain adamant that the NSW Land and Environment Court ruling disallowing the expansion of the Warkworth mine contained significant factual errors. 

“We lodged this appeal to do everything we could to protect production and jobs, even though there was only a very limited chance that it would result in the approval being reinstated,” Mr Salisbury said. 

“A single Land and Environment Court judge disagreed with the outcome of a rigorous planning process that had determined that this mine extension was in the overall public interest. 

“The Court effectively overruled the decisions made by the independent Planning Assessment Commission and the Government departments charged with assessing whether projects should be approved, based on an individual’s own interpretation of highly technical subject matter, rather than any errors in law or procedure. 

“It should also not be forgotten that the Federal Government has issued an approval for the project under its Federal environmental legislation. 

“All of these issues were unfortunately outside the legal scope available to us for appeal to the Court of Appeal.” 

Warkworth timeline

2003:  May 19 development application consent included a deed of agreement signed between Labor Minister Dianne Beamer and representatives of Warkworth Mining Ltd setting aside non-disturbance areas in perpetuity.

2010: March Rio Tinto applied to the NSW Government for approval for the Warkworth Extension

2012: February the Warkworth Extension was approved by the NSW Government. 

This approval was appealed by the Bulga Milbrodale Progress Association (BMPA)  in the NSW land and Environment Court.

2013: April the Land and Environment Court found in favour of the BMPA, overturning approval for the Warkworth Extension Rio Tinto and NSW Department of Planning appeal the Land and Environment decision in the NSW Court of Appeal (Supreme Court)

2013: September 27 new amending deed between Rio Tinto and the Government signed which could result in removing all the non- disturbance land agreed to in the 2003 deed of agreement.

2013: November Rio Tinto submits an application for the Warkworth Modification 6 project.

2013: December   Planning and Assessment Commission hearing in Singleton on the modification project.

2014:  January PAC approves Warkworth Modification Project 6.

2014:  April Rio Tinto announces it will be preparing two new development applications for Mount Thorley and Warkworth mines similar to the one before the Supreme Court

2014:  April 7 Supreme Court dismisses Rio Tinto and Department of Planning appeal.