An application filed with the Federal Court by the Northern Inland Council for the Environment (NICE) sought to challenge the validity of the Maules Creek project approval under the Federal Environmental Protection and Biodiversity Conservation Act (EPBC Act).

On December 20, 2013, Justice Cowdroy dismissed NICE's legal challenge to the validity of former minister Tony Burke’s approval for the project granted under the EPBC Act and not a merits based appeal against the project

The company said the Maules Creek project has been the subject of rigorous scrutiny from regulatory agencies and consent authorities and has already passed the highest contemporary environmental standards for coal mining projects in NSW and Australia.

Construction works at the site are expected to begin this month following an initial mobilisation period by Leighton Contractors.

Whitehaven’s Managing Director and CEO, Paul Flynn said, “Whitehaven is getting on with the job of building Maules Creek, which will be one of the most significant pieces of economic infrastructure ever delivered in regional NSW, generating over 340 direct construction jobs and a further 470 permanent positions when the mine is operating”.

“Our company has worked incredibly hard with the local community, our investors and others to bring this project to fruition and we are absolutely determined to maintain momentum and achieve first coal sales in the first quarter of CY2015”.

The Northern Inland Council for the Environment has expressed “deep disappointment” with the loss of its legal challenge.

The Council is now reviewing the judgement and will be seeking advice on possible grounds for an appeal.

“In our case, the law has not even been strong enough to protect a nationally endangered forest and important koala habitat from being bulldozed for two enormous open-cut coal mines,” NICE spokesperson Phil Spark said.

The Court also found in favour of the approval of the neighbouring Boggabri Coal mine which had also been challenged.