A disagreement between Rix's Creek and Department of Resources and Energy results in an 'enforceable undertaking' being entering into by the mine's owner The Bloomfield Group (Bloomfield).
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In 2016, during the process to gain approval for continuing mining operations at Bloomfield’s Rix Creek open cut near Singleton, discrepancies were found in the Mine Operation Plan that meant the mine may have been in breach of its consent conditions.
This is despite Bloomfield recording and submitting all activities to the Department of Resources and Energy as per strict annual reporting requirements over the past 27 years – and not once during that period was the miner ever told there was a breach.
Bloomfield has been working with the NSW Department of Planning and Environment and the Department of Planning and Environment - Resources and Energy to review historical operations at the Rix’s Creek Mine and resolve interpretation issues regarding consent conditions.
In the course of Bloomfield seeking new consents to continue activity at Rix’s Creek until 2035, the Departments formed a view that Bloomfield may not have conducted some past vegetation, water, aboriginal archaeological and overburden management activities within existing conditions of consent.
Out of last year’s review it has become apparent that some consent conditions were open to differing interpretations, and that a more aligned interpretation of the consent conditions could have been possible. Bloomfield regrets any difficulties that may have resulted from its actions, and has put in place an independent review process to provide future alignment of its operations with its approval requirements.
The NSW Government alleges that Bloomfield’s Mine Operations Plans were misleading, although Bloomfield says the plans were based on the interpretation of development consents for Rix’s Creek that Bloomfield held at the time of submitting them.
An enforceable undertaking has been entered into under the Mining Act 1992 in respect of these allegations.
This will result in Bloomfield making a $25,000 payment to Landcare and a separate $25,000 contribution to an Aboriginal health program administered by HMRI (Hunter Medical Research Foundation).
Discussions are continuing with the NSW Department of Planning and Environment to resolve the issues in respect of the development consent.
Bloomfield has always sought to follow development consent conditions carefully and in good faith since the Rix’s Creek Mine commenced in 1990.
“Bloomfield has always sought to submit detailed and accurate annual reports to the government authorities showing all relevant activities at Rix’s Creek Mine,” Bloomfield Managing Director Brett Lewis said.
“With the benefit of the review and hindsight it is possible to interpret that we may have operated beyond our consent on some occasions.”
“We have worked with the NSW Government to clarify some operational definitions so there is now a clearer understanding of what is and isn’t permissible moving forward.”
“We have always acted with honesty, integrity and transparency. We are family-owned and-operated and always take pride in operational, environmental and community matters.”
“We acknowledge the role the NSW Government plays ensuring that mining activities occur in accordance with consents.”
The Rix’s Creek mining continuation plan involves progressing activity in a north-westerly direction away from the Singleton Township, as was always planned since the Rix’s Creek Coal Mine commenced in 1990.
This progression will allow over 50 million ‘run-of-mine’ (ROM) tonnes to be accessed until 2035 when open cut operations are expected to wind down.