'I don't imagine that scenario would come up again': Minns rules out more interventions to save coal jobs

NSW Premier Chris Minns has ruled out future government interventions to save Hunter coal jobs affected by court actions.

The state government said on Monday that it was stepping in to protect 400 jobs at Mount Pleasant coal mine near Muswellbrook after the High Court's recent ruling preventing the mine's extension to 2048.

In a landmark judgement, the court upheld the Denman Aberdeen Muswellbrook Scone Healthy Environment Group's (DAMS HEG) challenge to the mine's expansion.

It found that planning authorities were legally required to consider the local climate impacts of a coal mine's downstream emissions (scope 3) before granting approval.

The government's proposed emergency legislation to be introduced to Parliament in the next fortnight would allow MACH Energy to produce up to 16.5 million tonnes of coal annually until 2032, while maintaining its current permanent workforce.

Speaking on Tuesday, Mr Minns said the intervention was a one-off triggered by a unique set of circumstances.

"I don't imagine that scenario would come up again," he said.

Since the Mount Pleasant extension was lodged in 2022 the government has implemented the NSW coal industry strategy, which requires scope 3 emissions to be taken into account in the assessment of coal mine extensions.

"(Mount Pleasant) was a particular mine and a particular application that was a legacy of the previous government, it is not a situation that we anticipate in the future," Mr Minns said.

He emphasised that the government's intervention on jobs did not amount to a backdoor approval for the mining extension, which will be the subject of a Land and Environment Court determination.

"The applicant (MACH Energy) will still have to go to the Land and Environment Court for their full 2022 application and decision," Mr Minns said.

"We'll stand by the land and environment court's decision."

The Jobs Guarantee will establish a legal obligation on MACH Energy to maintain current staffing levels. At present, 826 permanent workers and contractors are employed at Mount Pleasant.

The provisions granting the mine statutory consent will not take effect until the company has signed the Jobs Guarantee, ensuring the company makes a legally binding commitment to workers before receiving the benefit of the legislation.

The legislation will also put additional conditions on the mine to minimise its Scope 3 emissions, which are consistent with the Independent Planning Commission's requirements for the Hunter Valley Operations mine and the coal Industry strategy.

NSW Minerals Council chief executive Stephen Galilee welcomed the government's intervention.

"The Mount Pleasant mine has endured four years of activist legal challenges, creating uncertainty for hundreds of mine workers, their families and local supplier businesses. This will provide welcome certainty for those workers and their families, and those working at hundreds of local businesses supplying the mine," he said.