MINING giant Rio Tinto and the NSW government have flatly denied claims they are abusing the planning process to expedite a coal mine expansion approval.
While the NSW Planning and Infrastructure Department conceded it did "expedite" its assessment of Rio Tinto's application to extend a Hunter Valley mine, it said all community rights were retained.
The Lock the Gate Alliance and Bulga Milbrodale Progress Association (BMPA) wrote to Planning Minister Brad Hazzard on Thursday, accusing the state government of colluding with Rio Tinto to bypass due process.
Rio Tinto has applied to extend its Warkworth Mine operation and the planning department has recommended it be approved.
The department says the modification sought would increase the mining footprint by one per cent.
But Lock The Gate Alliance's Steve Phillips questioned the level of scrutiny given to Rio Tinto.
He said it took 21 days from the time the miner submitted its application until the department recommended the approval.
"It is patently impossible that the mining giant gave any consideration to community attitudes or expert advice in that time," he said.
In a statement on Friday, the department said it was acutely aware of the concerns raised about the mine.
"We are also conscious that the mine employs some 1300 people and the constraints on the existing operations put these jobs at risk," the statement read.
The department said in "consideration of the important local factors at play" it decided to expedite the assessment.
"However, all existing legal and community rights have been retained throughout, including the right for the community to have its say," the statement read.
Rio Tinto gained approval from the NSW government for a larger extension of the same mine this year.
But the Land and Environment Court overturned the approval following a challenge from BMPA.
Rio Tinto and the O'Farrell government have launched action in the Court of Appeal to appeal the Land and Environment Court ruling.
Lock the Gate and BPMA argue Rio's most recent application is in the same area the Land and Environment Court ruled mining should not take place.
A Rio Tinto spokesperson said the Warkworth application was for a minor modification that would help protect 1300 jobs for the next two years.
He said, after four years of consultation around the mine, it was "disingenuous" to claim the current application needed to be further delayed.
"Rio Tinto has a dedicated and highly experienced team who worked around the clock to assess and respond appropriately to all objections once the public exhibition period closed," he said in a statement.
"The implications of the minor modification now being sought are extremely well understood, thereby allowing the company to respond to submissions in a timely manner."
Premier Barry O'Farrell told ABC Radio he was confident the planning department operated with openness and transparency.
Rio Tinto's application now rests with the Planning Assessment Commission.
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