20 March, 2013
Mining SEPP enables Rio Tinto to resubmit its rejected coal mine expansion plans
In a move that highlights the pernicious effects of the NSW Government’s Mining SEPP, Rio Tinto is reportedly poised to resubmit an application to expand its Mount Thorley Warkworth coal mine, [1] a project the Land and Environment Court rejected last year because of its unacceptable social and environmental impacts. [2]
“This is slap in the face for the people of Bulga who mounted the original court challenge, and it seriously undermines the faith people can have that the planning system will protect the interests of communities and the environment,” Nature Conservation Council of NSW Campaigns Director Kate Smolski said.
“Rio Tinto would not be contemplating resubmitting these plans, which are reportedly almost identical to those the court rejected last year, were it not for the pernicious Mining SEPP, which puts economic interests above all others.
“When the legal system failed to deliver what the industry wanted, the government yielded almost immediately to the demands of big mining companies and changed the rules.”
Ms Smolski said it would be highly inappropriate for Rio to resubmit its application while the Supreme Court is still considering the case, and reiterated NCC’s objection to the company being permitted to submit plans to mine areas previously set aside for permanent protection.
“To contemplate mining environmental offset areas is a serious breach of faith by the company and the state government,” Ms Smolski said.
“The company knew the offset area was underlain with coal resources when it promised to protect the area in the first place.
“Hundreds of hectares of endangered woodland were destroyed under the 2003 original approval, conditional on the company’s commitment to protect the offset areas in perpetuity.
“Releasing the company from its offset obligations under the original approval would be a betrayal of the residents of Bulga and the broader community.”
The Land and Environment Court ruled in April last year that state government’s approval of the original Warkworth open-cut mine extension proposal was invalid because it would have had significant and unacceptable impacts on biodiversity; noise impacts on residents; and social impacts on the local community of Bulga.
[1] www.theherald.com.au/story/2161536/new-plans-to-extend-mount-thorley-warkworth-mine/?cs=305
[2] www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDIQFjAB&url=http%3A%2F%2Fwww.caselaw.nsw.gov.au%2Faction%2FPJUDG%3Fjgmtid%3D164038&ei=0igqU4ykGqySiAe4uoHIBQ&usg=AFQjCNF99hpzr4Jk-FF7bp378b3ELuqsSw&sig2=lrEiaXJVH1WCRI2BMn77pg&bvm=bv.62922401,d.aGc
Tags
Coal and gas
Let others know about this issue