According to the Sydney Morning Herald, the provisional decision was a win for the Hunter Environment Lobby represented by the Environmental Defender Office which had appealed to the court over the Minister for Planning decision to both consolidate historical consent authorities of the Ulan mine, near Mudgee and double its operational life and capacity to 2031.

The Xstrata and Mitsubishi-owned Ulan coal mines, backed by the minister and the Department of Planning, had argued that offsetting the mine’s scope one emissions was discriminatory, given that there were at least 50 coal mines operating in NSW. The government told the court the carbon tax regime was a preferable policy. The parties settle the details and set a timetable by February 13 before final orders are made.