Bathurst Resources has seen off a court challenge from environmental group Forest & Bird as it continues with plans to develop an open-cast coal mine on the West Coast.
Forest & Bird appealed against a climate change declaration made in Bathurst's favour by the Environment Court on May 1.
The High Court had upheld the original decision by the Environment Court, the company said yesterday.
Forest & Bird said it was dismayed that the High Court had decided that the effects of the mine on climate change could not be considered under the Resource Management Act (RMA).
"Forest & Bird would like to see the RMA consider all issues for our environment from new developments, including mining," Forest & Bird field officer Debs Martin said.
"Climate change will have the greatest impact on the world's plants, animals and people, and it's hard to see why the RMA should ignore this," she said.
Originating from Perth, and dual-listed on the NZX and ASX, Bathurst has been planning the mine on the Denniston Plateau above Westport, on New Zealand's South Island, for the past seven years.
Prolonged resource consent appeals have frustrated some investors, and the shares have fallen 53.3 percent in the past 12 months.
Forest & Bird says that the 200-hectare mine on the plateau will mine 80 million tonnes of coal that, when burned, will release about 200 million tonnes of carbon dioxide into the atmosphere.
Although the effects of the mine on climate change may not be considered, Forest & Bird will be opposing the resource consent application for the mine at an Environment Court hearing set down for late October.
NZN