16 July, 2013
Overwhelming support for the right to appeal mining projects in court
New polling has found overwhelming support for the public’s right to challenge coal mine approvals in court, a right the state government is systematically undermining.
The poll, which was conducted between April 30 and May 3 by Essential Media on behalf of the Nature Conservation Council of NSW, found 87% of those surveyed supported the proposition that communities should be able to appeal in court approvals for coal mining projects in their area.
“This result shows just how far out of step with public opinion the state government is on the issue of legal accountability for government decision makers,” NCC Chief Executive Officer Pepe Clarke said.
“It also shows that people have little faith the government’s planning and approval processes will deliver the best outcome for the environment and for their communities, especially when coal mines and coal seam gas projects are involved.
“People want access to the courts to ensure that bureaucrats and politicians are held accountable for the decisions they make. Unfortunately, the government is attempting to put that option out of the reach of most ordinary citizens.”
Mr Clarke said the O’Farrell government had since coming to office made it more difficult for communities to exercise their legal rights by cutting funding to the Environmental Defender’s Office by 25 per cent and ending legal aid for major environmental cases.
In addition, under the government’s proposed planning reforms third party appeal rights, which are already very limited, will be restricted further.
“Under the regime proposed by the O’Farrell government it is unlikely that community legal challenges such as the one the Bulga community won against Rio Tinto’s Warkworth mine expansion would be possible,” he said. [1]
“The O’Farrell government’s approach is unbalanced and unfair. It favours powerful sectional interests ahead of the communities the government is supposed to serve. Such an approach is clearly not supported by these poll results.”
[1] http://www.dailytelegraph.com.au/news/new-laws-gag-towns-from-mine-protests/story-fni0cx4q-1226679850026
http://www.theherald.com.au/story/1434359/bulga-wins-battle-against-rio-tinto-over-mine/
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