7 July, 2015
Mining planning policy change is welcome, but will it save Bulga?
The Nature Conservation Council of NSW (NCC) welcomes the Baird Government’s decision to scrap the most controversial elements of the Mining State Environmental Planning Policy (SEPP) that were introduced by disgraced former Resources Minister Chris Hartcher in 2013. [1]
“Premier Mike Baird and Planning Minister Rob Stokes deserve credit for acknowledging that the Hartcher amendments were unacceptable because they put industry interests ahead of local communities and the environment,” NCC CEO Kate Smolski said.
“The decision to repeal those clauses is an important step towards restoring balance to the planning system that marks a significant victory for communities that have been campaigning to scrap these unfair and unbalanced elements.”
In 2013, the government amended State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) to make the economic significance of the resource the primary consideration for decision makers when assessing mining projects.
As a result, Rio Tinto re-lodged its application to expand the controversial Warkworth-Mt Thorley open-cut coal mine in the Upper Hunter, a project that threatens endangered woodlands and the community of Bulga.
The original mine expansion had been rejected by the Land and Environment Court and the NSW Supreme Court. The O’Farrell government changed the SEPP to make a fresh application by Rio possible.
“Today’s announcement opens the way for the government to right past wrongs,” Ms Smolski said.
“The new rules must apply to existing projects, including the Mt Thorley-Warkworth expansion proposal, if the community is to have any faith the Baird government’s is committed to restoring balance to the system.”
Ms Smolski said the 2013 amendments to the Mining SEPP had been patently unfair and unbalanced because they tilting the planning system further in favour of the mining industry.
“While we welcome today’s decision, it only takes us back to where we were two years ago, when the community was expressing many substantial concerns about the approval and assessment process for mining projects,” she said.
In particular, NCC is still calling on the government to:
- Introduce no-go zones to protect special natural areas, drinking catchments, and prime farmland;
- Restore environmental approvals for “state significant” development;
- Improve the integrity of environmental impact statements by breaking the financial nexus between developers and environmental consultants; and
- Remove the restrictions on third-party merit appeal rights following a Planning Assessment Commission public hearing.
[1] www.smh.com.au/environment/planning-rule-change-gives-hope-to-bulga-other-communities-facing-big-mines-20150706-gi6bvh.html
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Coal and gas
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