NSW Minerals Council defends use of 'rigorous' mining modifications process

Large mining companies have come under fire, accused of seeking expansions under the guise of "modifications" to dodge the more detailed scrutiny of the Independent Planning Commission.

An analysis by Lock the Gate shows the "loophole" is allowing coal expansion projects, which plan to emit hundreds of millions of tonnes of greenhouse gases, to be green-lighted without a determination by the Independent Planning Commission (IPC).

This means there is no public hearings, and a much less detailed level of assessment conducted internally by the NSW Planning Department.

According to Lock the Gate analysis based on publicly-available data, provided by mining companies, at least nine of the 17 coal mine expansions currently on the cards are being presented as modifications.

Some of those allow coal companies to dig entirely new pits, while others are digging deeper, and for longer.

Questions regarding the structure of the planning system are best directed to the NSW Government, a spokesperson for the NSW Minerals Council said.

"But from an industry perspective, the assessment process for proposed project modifications is extremely rigorous and onerous, involving multiple departments and agencies."

A spokesperson for the NSW Department of Planning, Housing and Infrastructure said every new mining proposal and expansion in NSW, along with modifications to approved projects, undergo a "rigorous assessment process" that considers potential impacts to the surrounding environment and community, which are "thoroughly investigated".

The department said a decision on whether a planning application should be a modification to a development, or a new state significant development, depends on whether a modification is substantially the same development as originally approved or last modified.

In an emailed statement, the department provided further information on background.

"While there is no strict planning threshold as to what would constitute a modification to a development, there are principles based on case law that inform the appropriate planning pathway," the statement said.

"The assessment of all new mining projects and modifications will also be considered against contemporary greenhouse gas policies and guidelines including the NSW Government's targets to reduce net greenhouse gas emissions by 50 per cent by 2030, 70 per cent by 2035 and net zero by 2050, and the Strategic Statement for Coal Exploration and Mining, which sets out its approach for transitioning to a low carbon future."