After years of delay, legal manoeuvring, and failed attempts to shut the case down, the prosecution in Environmental Protection Authority v Maules Creek Coal Pty Ltd will finally open this Wednesday (29th April 2026) at 2:00 PM in Court 5B of the NSW Land and Environment Court. (Feature image courtesy of a Whitehaven Coal worker).
At stake is not just a series of technical breaches, but a rare and revealing criminal trial into the blasting practices of one of Australia’s most controversial coal mines, operated by Whitehaven Coal.
Seven blasts, eight charges — and a pattern
The case centres on eight criminal charges tied to seven separate blasting events. Charges concern the unmistakable orange plume of nitrogen dioxide (NO₂) which resulted from allegedly incompetent blasting — the visual signature of a misblast. These plumes are not merely coloured gas as the defence suggests: NO₂ is a toxic gas capable of causing acute respiratory harm, lung inflammation, and, at high concentrations, life-threatening exposure.
Prosecutors from the NSW Environment Protection Authority are expected to argue that these were evidence of systemic failures in blast design, execution, and oversight.
Inside the mine: culture, contractors, and control
Over an anticipated eight-week hearing, the court will hear from mine workers, personnel from blasting contractor Enaex, and expert witnesses. Their testimony is expected to lift the lid on operational culture within Maules Creek Coal Pty Ltd — a site already marked by a history of environmental breaches and mounting legal scrutiny.
For investors, including AustralianSuper, the trial may raise questions about their exposure to Whitehaven Coal ($WHC).
The shadow of the 20 August 2020 blast
The proceedings follow an earlier conviction over a massive blast on 20 August 2020 — an event so severe it sent workers at nearby Boggabri Coal, two kilometres away, to hospital with ear injuries. Witnesses described a worker crying in pain, while others reportedly threw themselves to the ground to brace for the blast wave, s ahead of a dense cloud of dust, debris, and fumes heading towards the Boggabri pit. You can read more about the blast here.
That conviction is now under appeal in the NSW Court of Criminal Appeal, adding another layer of legal tension. The company has previously sought to derail proceedings, including an unsuccessful bid to remove Justice Sarah Pritchard on allegations of apprehended bias.
For background on that failed appeal, see:
https://nwprotectionadvocacy.com/whitehaven-coal-fails-in-court-of-criminal-appeal-to-derail-blasting-prosecutions/
Why this matters
This is not a routine environmental prosecution. It is a rare, extended criminal trial that will examine — in public, and under oath — how large-scale blasting operations are planned, executed, and controlled in practice.
Watch it live
Proceedings will be livestreamed from Court 5B: