OGL said on Wednesday that an application for special leave to appeal to the High Court of Australia had been submitted by the appellants, dampening last month’s news that the Supreme Court of Appeal had dismissed their initial case.

If it goes ahead, the appeal will be the group’s second against the renewal of the 15-year mine lease by the previous state mines minister.

OGL managing director Allan Fidock said the company remained confident of a positive outcome.

“The appellants have failed in two previous attempts to quash the minister’s decision,” Fidock said.

“I can assure shareholders OGL remains determined to complete the acquisition of these tenements and commence development of what continues to be an economic and valuable reserve of high quality thermal coal, even in the currently stressed international coal market.”

The 2011 decision to renew the lease remains valid until decided otherwise, giving OGL the freedom to continue with development of the mine while the legal challenge is being considered.

The residents stated they opposed mining because of possible noise disturbance and general environmental impacts it could impose.

The mine first opened in 1988 and operated until early 2003, producing more than 20.5Mt of thermal coal for the domestic and export market.

Mining lease 4712, which governs the Ebenezer mine area, was renewed in 2011 to allow mining to restart.

The company is planning to produce 1 million tonnes per annum of run of mine coal at Ebenezer, from a reported 31.3Mt resource.