7 April, 2014
Supreme Court ruling is undermined by O’Farrell Government’s Mining SEPP
The NSW Government has colluded with big coal to ensure today’s court victory by the residents of Bulga over mining giant Rio Tinto is short-lived.
NCC Campaigns Director Kate Smolski said the government’s pernicious Mining State Environmental Planning Policy had undermined today’s ruling by the Court of Appeal by making it significantly more difficult for communities to stop damaging coal and gas proposals on environmental and social grounds.
“The people of Bulga have stopped Rio’s plans to destroy their community and the local woodlands twice, which is a remarkable achievement that highlights the justness of their cause,” Ms Smolski said.
“But even before the High Court ruled in on the issue, the NSW Government had changed the rules to ensure the interests of local communities and the environment were given even less weight when decision makers consider proposals for mining and gas projects.
“This enabled Rio to resubmit an application to expand its Mount Thorley Warkworth coal last month, a project that is very similar to the one the Supreme Court agreed today should not be allowed.
“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. This is completely unacceptable.
“The Mining SEPP, which was drafted by former resources minister Chris Hartcher, seriously undermines the faith people have in the NSW planning system.”
Ms Smolski 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.
“We call on the government to reject this proposal once and for all.”
[1] http://www.supremecourt.lawlink.nsw.gov.au/agdbasev7wr/_assets/supremecourt/m670001l771020/warkworth_2_07042014.pdf
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Coal and gas
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