NSW EPA responds to legal challenge over Maules Creek Coal mine

The state regulator is facing a legal challenge from the Environmental Defenders Office (EDO), who will argue in court over the coming weeks that the department did not follow its duty to regulate methane emissions when it reviewed the Maules Creek Coal mine's Environmental Protection Licence.

The license was instrumental in allowing the Narrabri coal mine to continue operating until 2043.

While the Environment Protection Authority (EPA) said it's unable to make comments on matters currently before the court, it did push back on the idea that the regulator is not taking methane emissions seriously.

"The EPA is treating greenhouse gas emissions from mines, including methane, like any other pollutant that it regulates and by doing so, is supporting the decarbonisation, transformation and growth of the NSW economy," an EPA spokesperson said.

"This will be delivered by the EPA's Climate Change Policy and Climate Change Action Plan 2023-26."

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The EPA was required to develop its Climate Change Action Plan as a result of another landmark case in 2021, which the EPA lost to the EDO.

The EPA spokesperson said the new plan is still coming into effect.

"Under the action plan, industries like the gas and mining sectors will be required to improve measurement, reporting and verification of methane emissions, and may be subject to complying with emission limits and other regulatory controls," the spokesperson said.

"We are currently working with industry, experts and other government agencies to inform further regulatory needs in the future."

The spokesperson also said regulations on methane will increase as the EPA continues to roll out its action plan, and that the regulator has a "comprehensive approach" to address climate change in NSW.

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