Land-clearing restrictions placed on Whitehaven Coal at Maules Creek open-cut mine

Maules Creek mine area inside the Leard State Forest: Whitehaven expects to move its first coal in January. Photo: Dean Sewell

Whitehaven Coal will be restricted to clearing land during just 10 weeks a year at its $767 million Maules Creek open-cut coal mine to limit the impact on wildlife.

The Department of Planning and Environment on Thursday approved a revised biodiversity management plan for clearing in the Leard State Forest, north of Gunnedah, that will also require the miner to cease clearance operations when temperatures exceed 35 degrees so animals aren't forced to relocate "in extreme conditions".

The miner suspended forest work in June ahead of a judgment by the Land and Environment Court about whether its winter clearing breached the original consent terms of the mine.

Limits on land clearing: Forest at Maules Creek.

The Maules Creek Community Council sought an injunction against clearance during winter and spring when wildlife was hibernating or breeding and less able to dodge the bulldozers.

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"We feel vindicated," said Phil Leard, national coordinator for Lock the Gate, noting Whitehaven will now be restricted to clearing between February 15 and April 30.

Sue Higginson, principal solicitor for the NSW Environmental Defenders Office, said the new biodiversity management plan "achieves what our client had sought to enforce", although it will still permit clearing of "old-growth habitat that's full of threatened species".

'Sensible' steps

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Land-clearing restrictions placed on Whitehaven Coal at Maules Creek open-cut mine