The NSW Government has introduced legislation aimed at maintaining operations and protecting up to 400 permanent jobs at MACH Energy’s Mount Pleasant coal mine in the Hunter while legal proceedings over the mine’s planning approval continue.
The Mount Pleasant Mine Bill 2026 was introduced into the NSW Legislative Assembly on 10 November and completed its first reading, with debate on the second reading adjourned. The legislation has therefore not yet passed Parliament.
The proposed intervention follows an October High Court judgment concerning the Independent Planning Commission’s 2022 approval of an expansion and extension of the Mount Pleasant mine.
High Court Decision Focused on Scope 3 Emissions
In MACH Energy Australia Pty Ltd v Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc, the High Court considered whether the Independent Planning Commission had properly assessed the project’s greenhouse gas impacts.
The Court found problems with the Commission’s consideration of Scope 3 emissions — emissions generated downstream when exported coal is ultimately used by customers.
According to the High Court case summary, Scope 3 emissions accounted for approximately 98 per cent of the project’s total projected greenhouse gas emissions. The case also considered whether the IPC had fulfilled its obligation to consider conditions requiring emissions to be minimised to the greatest extent practicable.
The decision did not itself prohibit future mining at Mount Pleasant. The planning matter has instead returned to the relevant NSW legal and planning processes for reconsideration. The NSW Government said after the judgment that the mine had a separate approval allowing operations to continue to 2032, while the expansion approval was the subject of the court dispute.
Bill Would Authorise Operations Until 2032
Under the legislation now before Parliament, Mount Pleasant would be authorised to continue operating broadly in line with its current production and workforce profile.
The mine could produce up to 16.5 million tonnes of coal a year until 2032, or until a new planning consent is granted, whichever occurs first.
The government says the measure is intended to provide certainty while the planning application progresses through the Land and Environment Court and other approval processes.
It has also stated that the legislation is designed specifically for the circumstances at Mount Pleasant and is not intended to create a general mechanism for other mining projects.
Jobs Guarantee Required Before Consent Takes Effect
A central part of the Bill is a proposed Jobs Guarantee Agreement between MACH Energy and the NSW Government.
The planning consent authorised by the legislation would not take effect until that agreement had been signed.
Under the proposed arrangement, MACH Energy would be required to maintain permanent employment at the mine and provide quarterly reports on workforce levels.
Reductions in the permanent workforce without ministerial approval could attract penalties, while the Natural Resources Minister would have a last-resort power to direct mining operations to stop if the company breached the agreement.
The government says up to 400 jobs are potentially affected by the uncertainty surrounding the planning process.
New Conditions on Scope 3 Emissions
The legislation would also impose additional conditions dealing with Scope 3 emissions.
These are intended to align with conditions recently applied to the Hunter Valley Operations project and with the NSW Government’s broader NSW Coal Industry 2026–50 framework.
One proposed condition would restrict exports from the project to countries with emissions-reduction policies consistent with the Paris Agreement.
The government is separately developing further technical guidance on how Scope 3 emissions should be considered in future coal mine applications.
Its NSW Coal Industry 2026–50 policy sets out an approach that allows continued production at existing coal operations while placing additional conditions around future development and emissions.
Parliamentary Debate Still Ahead
The Mount Pleasant Mine Bill is currently before the Legislative Assembly.
As of 11 November 2026, Parliament records the Bill at the Second Reading stage, with debate adjourned, meaning its proposed employment protections, temporary operating arrangements and new emissions conditions are not yet law.
Further parliamentary consideration will determine whether the legislation proceeds in its current form.
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