Singleton Council released the advice from Marsdens Law Group this morning.

Wallaby Scrub Road will be closed and mined if the Planning Assessment Commission approves Coal & Allied’s application to extend its Mount Thorley Warkworth mine.

The council opposes the road closure and the project because the expanded open-cut operations would come to within 2.6 kilometres of Bulga and would likely lead to the end of the village.

Because it was council-controlled, councillors vowed to withhold their consent for the road’s closure as part of their stand against the project.

Singleton councillors wanted fresh legal opinion after similar advice on the future of the road was offered by Sparke Helmore in October.

Councillors said Sparke Helmore had a conflict of interest because it had advised Coal & Allied and other mining companies.

Singleton Mayor Sue Moore said the advice showed there were several options for the government to take control of the road to allow mining to proceed.

‘‘It all hinges on approval [by the Planning Assessment Commission],’’ Cr Moore said.

‘‘Nothing changes the council’s opposition to the mine,’’ she said.

Cr Moore said it was important to show the community that the council opposed the expansion of the mine.

She said the commission’s determination could be appealed.

‘‘This issue is going to go on.’’

Cr Moore said the council must also seek the best possible benefits from the project if it is approved.

‘‘We will continue to seek benefits fro the wider community.

‘‘We have to be sensible about that,’’ she said.

The project will also mine through Saddleback Ridge, that had been set aside for conservation in a 2003 deed of agreement between the government and Coal & Allied.

Coal & Allied have offered to enter into a voluntary planning agreement with the council that includes $11 million in community funds if the project goes ahead.