RESIDENTS will appeal to the Land and Environment Court against yesterday’s approval of a $600million Warkworth open-cut coalmine expansion.
Possible community legal action against New South Wales Planning Minister Brad Hazzard and the development company Coal and Allied is expected to be considered at a public meeting before the end of the week
The state government’s planning assessment commission approved the project because its benefits “outweighed” potential impacts.
The decision includes requirements for biodiversity land offset “assurances”, a raft of mitigation measures for noise, air quality, blasting, greenhouse gas emission, soil and water pollution plus European and Aboriginal heritage impacts.
The company has been directed to enter negotiations with Singleton Council to establish a “voluntary planning agreement”.
Approval will extend the life of the Mount Thorley-Warkworth pit from 2021 to to 2033 and allow the operation to extract up to 28 million tonnes of coal a year to be railed for export through the port of Newcastle.
Mount Thorley-Warkworth operations general manager Cam Halfpenny welcomed the decision, saying the expansion would create 150 jobs, continue employment for the existing 1300-strong workforce and provide certainty for businesses who supplied the mine and the Hunter community.
Approval flies in the face of community and Singleton Council opposition.
A key objection was the failure of state government and Coal and Allied officials to honour a 2003 deed of agreement to protect Wallaby Scrub Road and nearby Warkworth Sands Woodlands.
Other concerns included fears that the expansion would have major human health impacts, destroy the social and physical fabric of nearby rural communities and worsen impacts on flora, fauna, soil, air and water.
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The council has rejected an $11million voluntary planning agreement and, on four occasions, unanimously opposed the expansion, expressing determination to protect Wallaby Scrub Road.
Bulga Milbrodale Progress Association spokesman John Krey described yesterday’s approval as “a planning disaster and absolute disgrace”.
“Although we haven’t seen the details yet we have 28 days to appeal to the Land and Environment Court and that will happen because we believe approval demonstrates that community objections and submissions were ignored.
“We employed four consultants to examine noise, dust, water and ecology and it appears their opinions have also been overlooked.
“If it goes ahead, this expansion will destroy the township of Bulga and there are many people who feel very strongly about preventing that from happening.”
Mr Krey said he hoped a public meeting could be organised this week to consider class legal action against Mr Hazzard and Coal and Allied
“Approval means the deed of agreement to protect Wallaby Scrub Road has been dishonoured,” Mr Krey said.
“Setting it aside means the community has been mislead and investments they made in property and businesses in this area have been jeopardised.”
Mr Halfpenny said: “Mount Thorley-Warkworth continues to increase its commitment to reducing noise and will install attenuation packages on its full mining fleet of trucks, dozers, drills and excavators to further reduce noise impacts over the next three years.
“I look forward to resuming our discussions with Singleton Council to determine the best way we can deliver a substantial funding contribution to benefit the local community.”
The approval requires Coal and Allied to conclude a voluntary planning agreement with the council “on mutually agreed terms within six months”.
If this is not done an arbitrator will be appointed.
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