Dartbrook underground was placed in care and maintenance by its former owner Anglo American in 2006 and more than a decade later they sold the mine to Australian Pacific Coal (AQC) - a company with no previous mining experience.

With major mining companies like Peabody Energy and Glencore cutting production in the Hunter, and in the case of Peabody scaling down their underground mine at Wambo due to falling demand and prices for thermal coal, it is interesting that AQC are pursuing their quest to reopen Dartbrook.

Australian Pacific Coal lodged an application in February 2018 to have the mine reopened and use bord and pillar methods to extract extract six million tonnes of coal a year until 2027.

However, in the Commissioners determination of the project in August 2019 they refused to extend the life of the mine for further five years until 2027 as requested by AQC due to questions concerning the economic viability of the project.

The Commission stated there were inadequacies in the economic, social and environmental assessment for the project and their likely impacts.

Due to these failings the Commission remained unconvinced that the application to extend the approval to 2027 is in the public interest on allowing the mine to operate until 2022.

In November last year AQC lodged an appeal against the IPC decision in the NSW Land and Environment Court.

An on site meeting between the mine's proponent AQC Darbrook Management Pty Ltd and the IPC was held in July

As part of the Land and Environment Court's conciliation conference the applicant has provided a Response to Contentions to the Commission.

Prepared by Hansen Bailey for Sparke Helmore Lawyers the main change being proposed by AQC to their original application is the use of the Hunter Tunnel rather than moving the coal by truck, the handling and processing of the coal using existing infrastructure and the proponent not mining the Piercefield Seam to reduce subsidence and groundwater impacts.

Local group Friends of the Upper Hunter is calling on affected community members to make a submission to the IPC on AQC's response.

"The opposition from our community against Dartbrook was the biggest opposition to a brownfield coal proposal in NSW history. Our community was very clearly saying 'enough is enough - it's time for balance'," said Friends of the Upper Hunter spokesperson Kirsty O'Connell.

"It's clear that AQC isn't very good at listening to the community. They have comprehensively failed to engage with our community or to address or concerns in any meaningful way.

"Now, despite genuine community objections outnumbering their anonymous form letters of support by more than three to one at last year's IPC meeting, they are trying to have the wishes of our community overturned in the Land and Environment Court.

"They claim to have presented new information that reduces the environmental impacts of this proposal. We urge our fellow community members to read this document and draw their own conclusions, but from our reading it seems that AQC still hasn't addressed the many environmental, social and safety concerns that our community took the trouble to raise.

"From where we sit, nothing has changed since last year to address our concerns. AQC still has no mining experience, still has no development partner and is in an even weaker financial position than last year.

"How can they safely manage one of the most challenging mines in the Upper Hunter? How can they fulfil their rehabilitation obligations? Or is it simply that they don't plan to be around when the well documented issues with flooding, gas and spontaneous combustion come home to roost?"

"Last year people from all walks of life wrote to the Commission urging them to refuse this risky proposal. It made a difference then and it can make a difference again - but people have to get their submissions in this week."

The Commission invites public submissions on the Applicant's Response to Contentions until 5pm AEST on Friday September 4, 2020.