The impact of Council’s shock resolution to approve the Mt Thorley Warkworth Voluntary Planning Agreement (VPA) with the exclusion of a controversial clause that links payment to the closure of Wallaby Scrub Road is still being assessed.
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Interestingly Council staff are seeking legal advice despite the fact the majority of our local Councillor’s voted in favour of removing Clause 5b from the VPA at Monday night extraordinary meeting.
While Rio Tinto has confirmed they are considering their options.
These options appear to be limited as the mining company is bound by the terms of their development consent which requires them to enter into the agreement by June 30.
The extraordinary meeting was called specifically to decide the matter and the report prepared ahead of the meeting by Council’s Director Planning and Infrastructure Mark Ehlein recommended the $11 million VPA be accepted holus-bolus.
The move to exclude what the Bulga Mildbrodale Progress Association (BMPA) president John Krey described as an “objectionable clause” during the Public Access session, was first proposed by Councillor Val Scott.
Her motion which was seconded by Cr Tony McNamara was ultimately lost because it included allocating all of the $11m to Bulga, Milbrodale and Wallaby Scrub Road areas affected by the mining.
After this Cr McNamara then put forward the following amendment:
- “Accept the offer by the Proponents to enter into the Voluntary Planning Agreement (VPA) with Warkworth Mining Ltd and Mount Thorley Operations Pty Ltd as set out in Attachment 2 to the report and that the VPA be entered into on the basis that sections 94, 94A and 94EF of the Environmental Planning & Assessment Act 1979 (NSW) are not excluded by the operation of the VPA. SINGLETON COUNCIL Council Meeting - 5 June 2017 Page 3 Minutes of Extraordinary Meeting of Singleton Council held on 5 June 2017;
- Adopt the Terms of reference for the Mount Thorley Warkworth VPA Community Committee as set out in Attachment 7 to the report;
- Remove clause 5b from the VPA.
Consequently it was accepted with only Councillor’s Sue George, Tony Jarrett and the Mayor Sue Moore against the motion.
Mr Krey was extremely pleased with the vote’s outcome saying the Councillor’s decision on the VPA was based on the many submissions the Council had received on the documents during its two public exhibitions.
“Those submissions were thorough and well researched and it was very pleasing to see that Councillors took that information into account when making their decision,” he said.
Environmental Defenders Office NSW (EDO) represents the Bulga Milbrodale Progress Association, who are concerned about the impacts of Rio Tinto’s Warkworth Continuation Project on the surrounding environment and community.
The Council’s decision last night to reject Rio Tinto’s proposed Clause 5B, which would have linked the payment of funds under a Voluntary Planning Agreement with the closure of Wallaby Scrub Road, is a decision legally open to it at law, the EDO commented.
They said the Warkworth Continuation Project was approved by the Planning Assessment Commission in full knowledge that closure of Wallaby Scrub Road is a matter for Council, and is not within the control of Rio Tinto. If Rio Tinto has begun a project that cannot be completed, that is not the community’s risk to bear.
“The Bulga Milbrodale Progress Association is of the view that the proposed Clause 5B was an attempt to force Council to close the road by linking it to payments under a Voluntary Planning Agreement,” they said.
“Rio Tinto is required by its consent to enter into a VPA with Council in the terms of its letter of offer dated May 4, 2015. That letter of offer did not impose any requirement on Council to close Wallaby Scrub Road.
“Our client is very concerned that Rio Tinto was supposed to sign a VPA with Council before the end of May last year. More than a year later, there is still no VPA, but the mine continues to progress.”
