Hunter Valley Operations (HVO) has cast doubt on whether legislation considered critical to the Hunter's economic transition will ever get through parliament.
In a pointed response to the Independent Planning Commission this week the company insisted that its proposed mining extension, the largest in the state's history, needed to be approved until 2045.
"For a brownfield extension project such as HVO, the duration of approval is the critical mechanism determining economic viability. Restricting operations to a materially shorter timeframe would significantly undermine project viability and risk premature asset retirement," it said.
The commission requested information from the operator about the minimum additional period of operations beyond the expiry of the existing approvals needed to enable an orderly transition for the mine's workforce, suppliers and the local community.
In its response, Glencore said it appeared the IPC was considering granting an approval for a shorter period of time than what had been sought.
It also noted that the Future Jobs and Investment Bill (FJIB), which would be integral to such a scenario, was not law.
"There is no certainty that the bill will ever be passed by Parliament and become law. It would therefore be premature for the commission to give the bill significant weight," it said.
"If the bill is passed following any approval of the project, HVO will comply with the legislation on its terms."
The commission has invited submissions on the HVO response until September 9.
The FJIB contains critical measures to support thousands of workers in coal-producing regions through the establishment of economic pathways away from coal.
This includes attracting investment to create alternative jobs and sustainable economies and coordinating retraining, skills mapping, and transition plans for affected workers.
It was introduced to Parliament in November 2025, and passed the lower house with support from the Coalition and the crossbench.
However, it has been blocked in the upper house along with several other key pieces of legislation.
"There is no justification for further delay, what we need now is for the NSW Government to make it a priority," Hunter Jobs Alliance coordinator Justin Page said.
"HVO demonstrates exactly why legislation is needed. More than 20 years ago, it was required to develop a mine exit strategy to protect workers and minimise the socioeconomic impacts on the Singleton and Muswellbrook communities.
"That strategy effectively disappeared, audits could not verify it or the required consultation, and HVO then sought to remove the requirement as part of its extension application. Instead of fixing the failure, the planning process allowed the requirement itself to disappear.
"Now mining companies are using the very socioeconomic impacts they failed to plan for as an argument for extending their mines. We cannot keep relying on planning conditions that can disappear. Mining companies must be legally required to plan early, fund and facilitate worker transition, and be held accountable."
A spokeswoman for Finance Minister Courtney Houssos said the government was seeking to have the bill passed in the remaining six sitting weeks of the year.
"The bill ... is one of many backed up in the upper house due to blocking tactics by the Opposition and some cross-bench members.
"No one is more committed to passing this legislation than the Minns Labor Government. We are continuing to engage with all parties to get this Bill passed."
In a related development, the Australian Manufacturing Workers Union wrote to state government ministers this week urging them to prioritise the Local Jobs First Bill 2026.
The bill would prioritise local workers, small businesses, and local manufacturing when the government spends public money on goods, services, and major projects.
"You have now had over three years to deliver these reforms, and it now less than 200 days until the 2027 NSW State election with still no Local Jobs First Commission in sight. AMWU members are rightfully asking- when will Labor deliver on local jobs?," AMWU state secretary Brad Pidgeon wrote.
"I sincerely hope that the day will soon come when it is no longer mere announcements that we hear, but tangible action, whether it be legislation or the commencement of the manufacturing of our State's new rolling stock, that can make a real difference in our members' workplaces."
