The miner struck an agreement with the IPC over the modification of Dartbrook underground.
AusPac said its appeal application would be filed before December 18.
The agreement with the NSW IPC cannot now become effective.
Under its proposed Modification 7, AusPac is seeking to extend the approval to mine at Dartbrook.
Thoroughbred breeders' association making bid to derail Mod 7.
AusPac welcomed the agreement, which was a significant milestone for Dartbrook restarting.
AusPac's focus of the appeal is obtaining an extension of mining under Dartbrook's existing consent....
AusPac's appeal against the determination of Modification 7 remains on foot.
AusPac has no plans to exit mining at Dartbrook despite selling off nearby land.
AusPac is appealing in the NSW Land and Environment court a decision made by the IPC.
AusPac is proposing to use the Hunter Tunnel rather than moving the coal by truck.
As part of that appeal process negotiations between AusPac and the IPC are ongoing.