The Hunter Environment Lobby v Minister for Planning and Ulan Coal Mines was launched in the court as the first merits-based appeal in NSW against greenhouse gas emissions caused by a coalmine.

Ms Smiles said the protest was a success.

“Everyone was quite excited as this is a landmark case,” she said.

“We will be looking closely at what the Land and Environment court says in all of this as it is the first of its kind.”

The Lobby is protesting the NSW Government’s approval to double the size of the Xstrata owned Ulan Coal Mine north of Mudgee.

Lobby president, Jan Davis, said Xstrata is one of the largest coal producing multinationals in the world and in 2009 the company announced a strategy to double global coal production including the expansion of Ulan Coal Mine.

The Lobby’s appeal is being assisted by the Environmental Defenders Office and is testing the approval of an increase in greenhouse gas emissions from the production of 20 million tonnes per annum of coal over a 21-year period.

“Coal mining on this scale is not sustainable. The addition of a further 575 million tonnes of carbon into the atmosphere will speed up climate change. Companies the size of Xstrata have the resources to move towards more environmentally safe activities,” Ms Davis said.

The case is also contesting the impact of the mine expansion on groundwater systems which are predicted to take up to 200 years to recover and the clearing of critically endangered vegetation communities.