The company submitted the amended proposal following a Land and Environment Court decision in 2014, which required landowners’ consent to build the rail loop.

The initial project could not proceed until the NSW Aboriginal Land Council gave its consent for a rail spur to cross Darkinjung land.

The rail line would be needed to transport 5 million tonnes per annum of coal for a minimum of 28 years.

The court ruled any determination would be invalid without the consent of the NSW Aboriginal Land Council.

“The need for consent of the state land council is, to my mind, a core aspect of the approval process of any development, including state significant development,” Justice Malcolm Craig said.

Previously the Aboriginal Land Council asked for $300 million, a claim that was “pure extortion” according to the company.

Other proposed changes to the proposal include the re-location of the secondary rail track and train loading facility to the eastern side of the main northern rail line and a conveyor system to deliver coal from a stockpile at the proposed Tooheys Road surface facilities site to the new train loading facility location.

It is also proposing to realign the sewer connection.

The amended Wallarah 2 coal project does not involve changes to parts of the project, including: mining area, mining methods and maximum production rate; coal handling or rail loading methods; other surface infrastructure; and the construction schedule, according to the NSW Department of Planning and Environment.

It also leaves operational and construction resources and the capital investment value of the project unchanged.

“Following community consultation, the Department will finalise its assessment of the amended proposal and refer the proposal to the independent Planning Assessment Commission for review,” it said.

The proposed mine is to be located about 5km north-west of Wyong.