In a bizarre day, even for the much maligned NSW planning system, first Rix's Creek South open cut mine gains approval to continue operating for a further 21 years and then it doesn't.
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Earlier today the mine located on the western edge of Singleton was approved by the Independent Planning Commission (IPC) chaired by Mary O'Kane.
The a little while later the IPC released the following statement:
This afternoon (Friday October 4) a Statement of Reasons for Decision, Development Consent and media release were published on the Independent Planning Commission's website indicating that a determination had been made in respect of the Rix's Creek South Continuation of Mining Project (SSD 6300).
That material has now been removed from the Commission's website, as the Commission has determined that the purported determination was not valid.
As such, no determination of this state significant development application has yet been made.
The stated deadline for written comments in relation to additional information from the Department of Planning, Industry & Environment (dated 24 September 2019) (the Additional Information), which was published on the Commission's website, did not lapse until 5pm today.
The Commission has decided to extend this deadline in order to provide any person who wishes to comment on the Additional Information with adequate time in which to do so.
As such, the revised deadline for comment on the Additional Information is Midday (12pm AEDT) on October 11, 2019.
Any comment received prior to this date (including those already received) will be taken into account by the Commission in making its determination.
The Commission will publish its determination in due course.
Management at Bloomfield Pty Ltd, the owners of the mine, were left shocked and in disbelief at the change in the approval status by the IPC.
They had earlier informed their staff and contractors about the approval and released a statement saying, they were reviewing the conditions of consent.
Bloomfield CEO Brett Lewis said the company wanted to thank their employees, contractors and the community for their continued support during the approval process.
"Years of uncertainty has meant it has not been an easy time many, but now we can look ahead with confidence to deliver a great project," he said.
The company has been working on the project for six years.
Under the proposal, the mine is estimated to produce an additional 25-million tonnes of product coal, with royalties of more than $104 million, would be recovered from the mine over that period.
However they will now have to wait on a new decision.
Critics may say the decision will be the same but will now include a determination based on new submissions on the project.
Since the IPC rejected the Bylong Coal Project last month the NSW Minerals Council, Upper Hunter MP Michael Johnsen and Deputy Premier John Barilaro among others have called for changes to the planning system.
They argue the Bylong decision was wrong. What will they make of today's saga?
The NSW Mineral Council say it just beggars belief that the IPC could issue an approval for a major project involving 300 jobs and then be forced to withdraw the approval just hours later due to an internal stuff-up.
Adding 300 people have been waiting six years to find out if their jobs were secure into the future. Today they received good news, only to have the certainty they had been hoping for taken away from them again hours later.
Back to the original Rix's Creek decision now retracted it stated that after carefully considering all the evidence and weighing the community's views, the Commission has determined to approve with conditions the SSD application, which will allow an expansion of mining activities to the south of the existing Pit 1 and northwest of the existing Pit 3.
In its Statement of Reasons for Decision, the Commission concluded the application is in the public interest - because (in summary):
- it is "in respect of an existing brownfield site, with existing operational mining infrastructure"
- "noise and vibration impacts have been adequately assessed" and "appropriate mitigation, management measures and accelerated noise attenuation are proposed"
- "air quality has been adequately assessed and found by the Department to be aligned with contemporary best practice for NSW coal mines, and improvements should continue to be pursued over time"
- "GHG emissions have been adequately minimised as far as practicable and within the capability of the Applicant's control... Conditions of consent have been included to require the Applicant to take all reasonable steps to improve energy efficiency and to reduce the Application's GHG emissions over the life of the Application"
- "biodiversity offsets have been quantified and a staged offset strategy identified to retire the necessary biodiversity offsets for the Application"
- "biodiversity impacts have been appropriately assessed and can be managed through conditions of consent"
- "water resources have been appropriately addressed and conditions of consent proposed to ensure impacts are appropriately managed and mitigated"
- "rehabilitation and risk of early closure has been appropriately assessed... The requirement for a Rehabilitation Strategy and Rehabilitation Management Plan, updated every three years, and risks of unplanned closure incorporated into risk assessments provides assurance that the Applicant's closure arrangements will consider unplanned closure and have regard for the Council's strategic planning and community expectations given the close proximity of the Application to the Singleton Township"
- "visual impacts are appropriately assessed and considered to be relatively minor overall"
- "heritage impacts have been assessed and would be appropriately managed through conditions of consent"
- "blasting impacts have been adequately assessed and would be appropriately managed"
- "traffic impacts have been adequately assessed and would be appropriately managed"
- "social and economic impacts have been adequately assessed appropriately managed, consistent with the guidelines for the economic assessment of mining and coal seam gas proposals... The Application would generate significant economic and social benefits as a result of employment opportunities and revenue to the State. A planning agreement would be entered into by the Applicant and [Singleton Shire] Council which would provide further benefits locally", and
- "the Applicant has adequately addressed the recommendations in the Commission's Review Report"
In response to specific community concerns about the mine's air quality and associated human health impacts, the Commission convened a special meeting with officials from the Department of Planning, Industry and Environment and Ministry of Health.
"At the meeting, Ministry of Health representatives confirmed its satisfaction with the assessment and the recommended conditions," the Commission noted in its Statement of Reasons for Decision.
The Commission has imposed conditions on its approval which are designed to "prevent, minimise and/or offset adverse social and environmental impacts; set standards and performance measures for acceptable environmental performance; require regular monitoring and reporting; and provide for the ongoing environmental management of the development."
We look forward to writing a new statement of reasons why the IPC either approved or rejected the Rix's Creek Project.
