Michael Caton condemns Minns’ move to undermine High Court coal ruling

The Minns Government is expected today to introduce new legislation into NSW Parliament that critics argue would undermine a High Court ruling and allow increased coal production at the Mount Pleasant mine.

The move, described by former Supreme Court judge Anthony Whealy as “reprehensible”, follows MACH Energy’s unsuccessful appeal against a ruling over its proposed expansion.

“What country is this? Where does the Premier, Mr Minns think he is taking us? I doubt it is part of any Labor manifesto to cosy up to big business blatantly and use workers as a shield to write new laws which cover likely breaches,” said retired science teacher Wendy Wales.

Ms Wales, her husband Tony Lonergan, and their community group, Denman Aberdeen Muswellbrook Scone Healthy Environment Group Inc (DAMSHEG), took their fight against the mine expansion all the way to Australia’s highest court.

In October, they secured a landmark High Court victory after a four-year legal battle, with judges ruling that NSW planning authorities had failed to properly consider the mine’s downstream emissions.

In a scene reminiscent of The Castle, Australian actor Michael Caton joined the couple outside NSW Parliament today to protest the government’s intervention.

“I voted for the Minns government and I expected better from them – I’m appalled by this move to undermine a community group’s climate win in the High Court,” he said.

And he’s not the only NSW Labor voter who thinks the government has got it wrong.

A poll commissioned by Lock the Gate and The Sunrise Project found that 54 per cent of all voters and 61 per cent of those intending to vote Labor at the state election think NSW Parliament should accept a High Court judgment and let the independent planning process continue.

Only 16 per cent of voters said they thought the government should pass a special law.

“This is a totally inappropriate use of the Parliamentary process and offends the separation of powers that underpins our constitutional democracy. The proper court process should be allowed to play out without political interference,” said Johnson Legal director Elaine Johnson.

Ms Johnson said the matter was still before the courts, with the original application to expand the mine now back before the Land and Environment Court.

The proposed legislation would allow MACH Energy to increase its annual coal production limit by 32 per cent.

Premier Chris Minns said his government was stepping in to save 400 jobs at the mine.

“At a time when families are doing it tough, the last thing they need is the uncertainty of losing their livelihood just before Christmas,” he said in an October statement.

But Ms Wales is sceptical.

“This company has made more than a billion dollars since 2022. There is no evidence on the public record that 400 jobs are under threat, and if the company has erroneously employed 400 workers to mine coal without approval, it needs to take responsibility for this, not threaten the Premier,” she said.

Minister for Natural Resources Courtney Houssos has said that the government had been “engaged closely with MACH Energy” since the High Court decision.

“Premier Minns has approved 14 coal projects since the last state election, and rejected none,” argued Lock the Gate Alliance NSW coordinator Nic Clyde.

“There are 17 more coal projects in the planning pipeline. The NSW Net Zero Commission has advised that none of them can go ahead if we want to reach our climate goals.”

But Premier Minns said his government’s commitment to tackling climate change “hasn’t changed”.

“We have a responsibility to cut emissions and make sure there are good jobs in the years ahead, but we can’t turn our backs on the workers and families who rely on these jobs today,” he said.

Michael Caton says he’s dreamin’.

“We’re already exporting a huge amount of coal to the world, which is worsening the climate crisis and harming our futures,” he said.

“It’s not a good look that the Minns government is doing favours for a billion-dollar Indonesian coal company rather than taking urgent action on climate.”