Elaine Johnson (Johnson Legal), Wendy Wales (DAMSHEG), Michael Caton (Australian actor and environmentalist) and Tony Lonergan (DAMSHEG) outside NSW Parliament on 10 November 2026 when the Mount Pleasant Bill 2026 was introduced.
Mount Pleasant Mine Bill 2026 and King Henry VIII
The Mount Pleasant Mine Bill 2026 is the NSW Premier’s response to the recent community win in the first climate case before the High Court of Australia overturning approval for a major expansion on climate grounds. The Bill proposes to permit expanded production at the Mine of 16.5Mtpa to 2032. Johnson Legal acted for the community group, the Denman Aberdeen Muswellbrook Scone Heaalthy Environment Group before the NSW Court of Appeal and the High Court of Australia.
Clause 17 of the Bill is a “Henry VIII” provision and gives the Resources Minister unfettered power to make regulations to change the application of any law of the State (including the Bill itself) to the Mount Pleasant Coal Mine. Henry VIII clauses have long been condemned by legal experts as undermining Parliamentary oversight.
There are many laws that could be affected by Clause 17, for example:
Laws to protect Hunter Valley residents from the impacts of noise, dust and blasting from the Mount Pleasant Coal Mine
Laws to protect worker safety and rights on the mine site
The Bill itself which requires a jobs guarantee and limits coal production
Laws requiring a Voluntary Planning Agreement with the local council
Laws regulating greenhouse gas emissions from the coal product
By way of example, Clause 17 could be used to:
Remove laws and regulations that control dust, noise and blasts from the mine site, and remove oversight by any government regulators
Remove laws and regulations that require the mine operator to keep workers safe at the mine site and protect workers’ rights
Remove the requirement for a “jobs guarantee”
Expand the development well beyond the current site, increase coal production and extend the life of the mine indefinitely, without any consultation or assessment of social, economic or environmental impacts
Remove the requirement for a Voluntary Planning Agreement with Council
Remove laws regulating greenhouse gas emissions from the coal
The result is that if MACH Energy finds any particular law inconvenient, including the Bill itself, all it has to do is ask the Resources Minister to make regulations to stop that law from applying to the Mount Pleasant Coal Mine.
There is a very obvious corruption risk arising from Clause 17, applying as it does to a single foreign-owned corporation in NSW. The Henry VIII clause undermines the rule of law and serves no legitimate purpose. It should be removed in its entirety.
