Muswellbrook Shire Council has effectively claimed that Xstrata was breaching its conditions of consent when construction began at Mangoola earlier this month.

Mayor Martin Rush believes the council did not give Xstrata approval to start work ahead of schedule, despite councillors indicating their support to do so in November.

The Department of Planning gave the council the power to approve completion of road works on Wybong Road East and a Construction Traffic Management Plan that had to be put in place.

The roadworks are not due to be finished until April, and the council has asked Xstrata to submit a new traffic plan, after concerns were raised about traffic using Wybong Road West until the upgrade is finished.

Cr Rush rescinded the council's motion of support earlier this month, after a contractor was killed in a collision with an oversized truck carrying construction equipment to the mine along Wybong Road West.

Xstrata Coal did not respond to a request for comment this week, but said last week the company was "working with the council" to resolve traffic issues at the site.

The council rejected a new traffic plan earlier this week, and asked Xstrata to supply a third draft of the plan by next month.

Contractors due to begin working at the mine site have been told they will not start until at least mid-February.

Having last week attacked the council for supporting Xstrata, Wybong Action Group spokesman John Shewan said he believed no approval had been given for work to begin.

"In review [the group] now applauds the immediate action taken by [Cr] Rush to clarify to Xstrata that they did not have Construction Traffic Management Plan approval from council," Mr Shewan said. He called for a coronial inquiry into the contractor's death.