Justice Nicola Pain last week presented her judgement on Hunter Environmental Lobby’s appeal against the $1.2 Billion Ulan West project, which will include a new 239 hectare open cut mine and approximately 25 square kilometres of additional longwall mining.

The group contested the State Government approval of the project on the grounds of climate change, the effect on groundwater systems and clearing of critically endangered vegetation communities.

While Justice Pain gave “in principle” support to the project proceeding, the court has yet to make a final determination on Xstrata offsetting greenhouse gas emissions resulting from its Ulan West expansion.

In her judgement on the landmark case on Thursday, Justice Pain invited the NSW Minister for Planning, Ulan Coal and Hunter Environment Lobby to come to agreement on several environment conditions in the Ulan West project.

A timeframe for the determination of final conditions is unknown.

In delivering her judgement Justice Pain said objectors’ concerns were valid but not sufficient to justify refusal of the Ulan mine expansion.

“Nor is there any condition of approval which I can identify to change in response to these submissions,” she said.

The Hunter Environment Lobby is a member group of the Nature Conservation Council of NSW, who welcomed the judgement.

The Council welcomed indications the Court will set a national precedent by requiring Ulan Coal to offset its greenhouse gas emissions.

Council CEO Pepe Clarke said it was fitting the Land and Environment Court had for the first time recognised coal mines should take responsibility for the millions of tonnes of greenhouse gas pollution they produce each year.

“The example set by requiring Xstrata to offset the production and transport emissions from its Ulan coal mine puts the fossil fuel industry firmly on notice. Coal mining activities have a significant impact on the health of our community and environment, and the era of ‘free’ pollution is over,” he said.