The company that operates the opencast coal mine through its subsidiary company Buller Coal was granted access arrangement by the Conservation Minister.

Earlier in September 2011, the West Coast Environment Network and Forest and Bird had challenged the permits granted to the company to the Environment Court citing the likely impacts on rare landscapes and habitats from the carbon dioxide released from the coal.

However, the Environmental Court has asked the miner to negotiate few proposed consent conditions.

Bathurst managing director Hamish Bohannan told MiningWeekly that the company is delighted to with the court’s positive decision.

"We consider that these amendments will not be difficult to address, as the amendments relate mainly to the wording of the conditions addressing rehabilitation and the requirements in respect of the proposed Denniston Permanent Protection Area," added Bohannan.

"The court has also acknowledged the urgency of the matter by requesting that parties provide a prompt response on conditions. We expect to receive consent as soon as the court has had time to consider that further information."