Farmers say government is asleep at the wheel on coal mining approvals

Caught in the middle are farmers like Libby Laird who says it's tragic to see how much the landscape has changed from mining impacts on groundwater and air quality.

"The mines are getting closer to home because they're all expanding," Ms Laird says.

"Maules Creek is a beautiful place, and watching it undermined and destroyed is traumatic."

Community action group Lock the Gate alliance is accusing companies like Boggabri Coal of using a loophole in NSW planning law to "expand via stealth".

"There's a convenient loophole for coal companies in the law. If you plan to modify an existing development and it passes a legal test of being 'substantially the same development,' it's not a major project and doesn't go to the Independent Planning Commission (IPC)," Lock the Gate Alliance NSW coordinator Nic Clyde said.

"The state government was elected on a platform promising independent assessment processes for new coal projects, but it turns out that more than half of the 18 coal projects in the planning system do not get any independent assessment at all."

Boggabri Coal is one of those 18 projects.

The company recently applied for permission to build "modification 10". The modification would expand the mine's footprint by 85 hectares and extract an extra 30 million tonnes of coal for an additional four years out to 2040.

The application for modification 10 has been submitted while the federal government is still considering the company's earlier "modification 8" which would extend the life of the mine from 2033 to 2036.

Neither modification is expected to go before the IPC.

When a project goes to the IPC, a board of independent judges is appointed to undertake an additional round of community consultation and decide whether to approve, scale back, or reject a project.

This process has led to the reduction or outright refusal of both renewable and fossil fuel projects alike.

A spokesperson for Boggabri Coal denied any attempt to evade public scrutiny and said the company "is a long-standing member of the local community".

"Boggabri Coal works with an open and transparent Community Consultative Committee ... to help keep residents up-to-date with our operations, environmental management and community initiatives," the spokesperson said.

"The committee meets quarterly and is made up of community members from Boggabri and the surrounding region. All members are approved by the State Government and represent a variety of interest groups, businesses, and residents. The minutes are published online after each meeting."

The spokesperson said the company had been providing employment opportunities, supporting local businesses, and developing strong relationships across the region since 2006.

"Boggabri Coal recognises the importance of the environment and has programs in place to ensure we preserve the region's water, biodiversity and environmental outcomes," the spokesperson said.

"Our environment team works closely with government, independent consultants, and key stakeholders in the area to manage any potential impact on the environment."

The state government also pushed back on the idea that current planning laws aren't up to snuff.

"Every new modification to an approved project in NSW undergoes a rigorous assessment process to consider potential impacts to the surrounding environment and community," a spokesperson for the Department of Planning, Housing and Infrastructure said.

"Recent approvals include requirements to reduce emissions over the lifetime of the project as technology improves. This helps protect the environment and the health and safety of the community."

Farmer Libby Laird said she doesn't blame Boggabri Coal or its parent company Idemitsu for "doing what companies do," but she's not letting the state government off the hook that easily.

"I'm appalled at the way the government is facilitating the expansion of the Boggabri Coal Mine," she said.

"Our laws need a lot of work, or perhaps a better kind of work because they're working for the expansion of coal mining and entrenching mining in our farming region."