February 28, 2013

DRAFT PLANNING LEGISLATION

Here is an important message from the Better Planning Network. Your participation will help influence the outcome of the Draft Planning Legislation and secure your voice in local planning issues.


With the imminent release of the White Paper and the accompanying draft planning legislation, we have one last opportunity to influence the contents of these documents.

We know that before their release (some time in March), the White Paper and draft legislation will need to be discussed and endorsed by the NSW Cabinet (ie- all current NSW Ministers).

The White Paper and the draft legislation cannot be released until they have Cabinet endorsement.  We can influence this process and you have a powerful opportunity to do 2 things:

1/ Write/email/phone all NSW Cabinet members and make your views known as individuals and as local community groups; and
2/ If your state MP is a member of the Liberal party- write/email/phone them as well, and make your views known.

We must make our message clear to politicians!  To help with this process, we have attached a list of NSW Cabinet members, as well as some wording to guide your letters/phone calls.  If you have not got the time for a letter (and even if you do), you can also:

-          Email them some key bullet points
-          Phone them; or
-          Send a Votergram.  A Votergram is a 100 word message instantly delivered to all State MPs-  http://www.fairgo.org/campaigns.htm . 

Don’t under-estimate the power of writing/emailing/phoning as an individual.  Politicians can sometimes dismiss groups as ‘interest-based lobbies’ but they see all individuals as voters. 

To ensure maximum benefit and influence on the White Paper and draft legislation, we need to act ASAP and before 5 March at the latest.

It is much, much easier to influence outcomes before the White Paper is released  than afterwards, and it is therefore essential that we take up this opportunity.

Remember- we are together on this, and your letter, email or phone call will be one of hundreds, if not thousands. 

Feel free to contact us with questions.

THANK YOU FOR YOUR SUPPORT- WE ARE GROWING EVERY DAY IN STRENGTH AND INFLUENCE.


Kind Regards



Corinne Fisher
Ph: 0421 831 889

February 25, 2013

MAKE A SUBMISSION TO COBBORA MINE

Hello All,

Below is a quick submission guide prepared by Bev Smiles of the Mudgee District Environment Group to help generate a large number of objections to this major state-owned coal mine proposal in Central West NSW north of Mudgee.

 Please do not send the guide to the Dept of Planning - select some or all of the points provided and add some of your own words.
 
 Brief Background:
 The mine will extract 20 million tonnes of coal per year  (mtpa) to produce 12 mtpa saleable product. 9.5mtpa has been contracted to the Eraring and Vales Point power stations on the Central Coast (over 300km away) by Ian McDonald when Minister for Mining and Energy.

 The mine has a very large ecological footprint, large water demand and will have major social impacts. All this is happening with NSW taxpayers money.

 Thank you to all who sent in submissions of objection in December to the original project assessment. There has since been a Planning Assessment Panel hearing and now a revised project for public comment.

 Please add your voice to the objections to this monstrous proposal. All additional coal will be exported.

 Help NSW to quit coal.

 More information on this project can be found at:

 http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3695 <http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=3695>
 





Submission Guide
Cobbora Coal Project – Preferred Project Report
Application No: 10-0001

Submission deadline:  Friday 8 March

Label your submission as an objection, include your name, address and contact details




Key points of objection to Preferred Project Report (PPR):

1.     The economic assessment of the project and response to submissions has not adequately addressed the cost of a state-owned coal mine to the taxpayers of NSW.

2.     The project cannot guarantee a ‘reliable, secure and economically stable domestic coal supply (to)NSW generators’ nor can it guarantee ‘affordable electricity in NSW.’

3.     The justification for the mine is based on contracts negotiated by the ALP Govt as part of the Gentrader deal. These could be filled through other arrangements.

4.     The PPR does not justify the increase in water demand for mining operations from the previous prediction of 3,700 ML per year up to 4,340 ML per year.

5.     The increased pump rate from the Cudgegong River and access to higher natural flows has not been adequately assessed.

6.     The PPR will increase the area of destroyed woodland by 92 ha including an additional 11 ha of threatened ecological communities.

7.     The ecological footprint of the mine is too high and cannot be adequately offset. The PPR does not identify a final offset package because this is not achievable.

8.     The increased height of over burden emplacements by 20m will increase dust emissions. The air quality model needs to be redone using all available meteorological information.

9.     The proposal to implement the draft ‘Rail Infrastructure Noise Policy’ will disadvantage local residents affected by increased noise from the proposed rail loop.

10.  The issue of train length on the Ulan line has not been addressed as identified in the ARTC 2012 – 2020 Rail Corridor Capacity Strategy.


February 9, 2013

ODE TO RUNNING STREAM

Ode to Running Stream
by Kate Cowden

Quietness reigns, 'cept the frogs and the toads,
Running Stream tinkers o'er boulders, and knows
Flitting about after mayflies and gnats
Are robins and wrens, tree creepers and chats.

While summer's extremes give us fire and heat,
Our stream is a constant; clear, cold and sweet.
So green the pastures it waters downstream
To take it away from us: That would be mean.

Clear frosty mornings, spent mug in hand,
Pondering seasons and life on the land,
Scavenging firewood with wind in  your face,
Snow blankets all: winter's embrace.

What is that booming o'er gully and dale?
What could it be? It's turning me pale
"Tis distant thunder", says them on the street,
Yet no thunder I know can shake my feet!

"There's coal in them hills," the prospector's told.
No secret to us, we'd known it from old:
How money has power to minds enslave,
Better cars, bigger houses, the lifestyle they crave
(Did they stop to consider it if fit in their grave?)

What of our mountain, its springs and its snow,
Its future uncertain 'cause of coal down below,
Our mountain, its forest and stream that we love
Sings praise to its maker and God above.

China flags plan to cut coal use






February 7, 2013

John Garnaut 

China flags plan to cut coal use


<p>

CHINA'S decade-long boom in coal-driven heavy industry is about to end as the leadership shifts priorities towards energy conservation, say officials and policy advisers.

The advisers predict China's coal consumption will peak at only a fraction above current levels after the State Council, or cabinet, last week set an ambitious new total energy use target for the five-year plan ending in 2015.

''Coal consumption will peak below 4 billion tonnes,'' said Jiang Kejun, who led the modelling team that advised the State Council on energy-use scenarios.

''It's time to make change,'' said Dr Jiang, who is director of the Energy Research Institute under the National Development and Reform Commission (NDRC). ''There's no market for further development of energy-intensive industry.''

The imminent stabilisation of coal usage, if broadly achieved, would mark a stunning turnaround for a nation that is estimated to have burnt 3.9 billion tonnes last year, which is nearly as much as the rest of the world combined. The move would also bring some relief in the fight against global warming.

And it would trigger a negative income shock to Australia, the world's biggest exporter of coal and iron ore, with significant implications for government budget forecasts.

Dr Jiang said the energy targets would bite hardest with energy-intensive heavy industries such as steel - dependent on iron ore and coking coal - which he said had saturated their potential markets and could no longer make money.

Thermal coal-powered electricity generation would continue to expand at a low pace, he said.

In the first 12 years of this millennium, China increased annual coal use by a staggering 2.4 billion tonnes, or 163 per cent, accounting for more than four-fifths of global coal consumption growth.

In five years China's net coal imports have surged from negligible levels to about 200 million tonnes, driving up the international price.

Last year China bought 19.5 per cent of Australia's thermal coal exports worth $2.8 billion; 17.5 per cent of coking coal ($3.5 billion) and 72.5 per cent of iron ore ($38.6 billion), according to estimates by Kieran Davies, an economist at Barclays Bank.

Foreign energy analysts are mostly sceptical that China can meet its ''non-binding'' energy goal, pointing out that it missed its 2010 target by a large margin.

They are broadly unconvinced that the energy targets can be achieved without an intolerable drop in the GDP growth rate.

Chinese officials and analysts acknowledge that state-owned enterprises, regional leaders and their political patrons have resisted or ignored previous edicts.

But they say economic growth is now ready to be weaned from its addiction to coal and the State Council decision - including to apportion responsibilities to local governments and enterprises - shows a stronger political consensus has been reached to mobilise the bureaucracy.

Pan Jiahua, who heads a team of climate change economists at China's leading think tank, the Chinese Academy of Social Sciences, told Fairfax Media that the State Council's endorsement of the energy target had the effect of elevating it into a ''political requirement''.
Professor Pan said energy security remained the primary motivation behind the measures, but last month's record pollution readings in North China had contributed to the hardening of political will. ''Chinese people have done enough tolerating such bad air,'' he said.
The State Council last week set a total primary energy consumption target (including renewable energy and transport fuel) of 4 billion tonnes of ''standard coal equivalent'' in the five years to 2015. Confusingly, one tonne of actual coal equates to about 0.68 tonnes of coal equivalent, according to Dr Jiang.

With two years of the plan period already used up, the target translates to annual growth in energy consumption of about 3.5 per cent over the next three years, down from 6.6 per cent a year in the five years to 2010.

Officials at NDRC have been telling visiting delegations in recent days that coal consumption will peak below 4 billion tonnes and the government would do ''whatever it takes'' to hit the energy use targets.

Posted for Fiona

February 8, 2013

Time for change: China flags peak in coal usage




February 6, 2013
John Garnaut 

Time for change: China flags peak in coal usage

China’s decade-long boom in coal-driven heavy industry is about to end as the leadership shifts priorities towards energy conservation, say officials and policy advisers.

The advisers predict China’s coal consumption will peak at only a fraction above current levels after the State Council, or cabinet, last week set an ambitious new total energy use target for the five-year plan ending 2015.

“Coal consumption will peak below 4 billion tonnes,” Jiang Kejun, who led the modelling team that advised the State Council on energy use scenarios, told Fairfax Media.

“It’s time to make change,” said Dr Jiang, who is director of the Energy Research Institute under the National Development and Reform Commission (NDRC). “There’s no market for further development of energy-intensive industry.”

The move would also bring some relief in the fight against global warming.

Income shock for Australia

And it would trigger a negative income shock to Australia, the world’s biggest exporter or coal and iron ore, with significant implications for government budget forecasts.

Dr Jiang said the energy targets would bite hardest with energy-intensive heavy industries such as steel - dependent on iron ore and coking coal - which he said had saturated their potential markets and could no longer make money.

Thermal coal-powered electricity generation would continue to expand at a low pace, he said.

In the first 12 years of this millennium, China increased annual coal use by a staggering 2.4 billion tonnes, or 163 per cent, accounting for more than four-fifths of global coal consumption growth.

In five years China’s net coal imports have surged from negligible levels to about 200 million tonnes, driving up the international price.

Last year China bought 19.5 per cent of Australia’s thermal coal exports worth $2.8 billion; 17.5 per cent of coking coal ($3.5 billion) and 72.5 per cent of iron ore ($38.6 billion), according to estimates by Kieran Davies, an economist at Barclays Bank.

Foreign energy analysts are mostly sceptical that China can meet its “non-binding” energy goal, pointing out that it missed its 2010 target by a large margin.

They are broadly unconvinced that the energy targets can be achieved without an intolerable drop in the GDP growth rate.

Chinese officials and analysts acknowledge that state-owned enterprises, regional leaders and their political patrons have resisted or ignored previous edicts.

'Political requirement'

But they say the economic growth is now ready to be weaned from its addiction to coal and the State Council decision - including to apportion responsibilities to local governments and enterprises - shows a stronger political consensus has been reached to mobilise the bureaucracy.

Pan Jiahua, who heads a team of climate change economists at China's leading think tank, the Chinese Academy of Social Sciences, told Fairfax Media that the State Council’s endorsement of the energy target had the effect of elevating it into a “political requirement”.

He said officials in local governments and state-owned enterprises would now be judged partly on their ability to meet energy targets while a long list of green slogans, incentives and policies were translating into concrete measures.

Professor Pan said energy security remained the primary motivation behind the measures but last month’s record pollution readings in North China had contributed to the hardening of political will.

“Chinese people have done enough tolerating such bad air,” he said.

The State Council last week set a total primary energy consumption target (including renewable energy and transport fuel) of 4 billion tonnes of “standard coal equivalent” in the five years to 2015. Confusingly, 1 tonne of actual coal equates to about 0.68 tonnes of coal equivalent, according to Dr Jiang.

With two years of the plan period already used up, the target translates to annual growth in energy consumption of about 3.5 per cent over the next three years, down from 6.6 per cent per year in the five years to 2010.

A proportion of the increase will be absorbed by hydro, wind, solar and nuclear – which are all benefiting from strong government assistance - at the expense of coal.

Officials at NDRC have been telling visiting delegations in recent days that coal consumption will peak below 4 billion tonnes and the government would do “whatever it takes” to hit the overall energy use targets.

Professor Pan predicted coal consumption would peak at less than 4.2 billion tonnes by 2015 while other global commodities markets would be hit at least as hard.

He said a continuing increase in coal-powered electricity generation would be offset by a production plateau in key heavy industries.

“I don’t think there will be further scope for expanding iron and steel production, or cement,” he said.

Professor Pan said there was no question the State Council would meet its target but he noted that  measurement methods were not robust.

“In some cases statistics may not be able to provide accurate information and some numbers may have to be estimates, which gives a certain degree of flexibility.”

Posted for Fiona

January 31, 2013

"The health of residents must be paramount"

30 January 2013           

MEDIA RELEASE

"The health of residents must be paramount"

The Blue Mtns Conservation Society has called for community leaders to place the health of Cullen Bullen residents at the top of their agenda regarding the Coalpac Consolidation Project. As the final stages of the application draw near, the company is compelling the region to put jobs before health.

"NSW Health has stated very clearly in its submission on this proposal that the health impacts for Cullen Bullen residents are serious. If this proposal were approved, the risk of mortality for residents would be increased," says Justin McKee, Blue Mountains Conservation Society.

"It is unfortunate to see the mining company rallying for support for a ‘jobs verses human health' argument. This choice of behavior by the Queensland based company is embarrassingly desperate. An increase in mortality is exactly that, and nobody of reasonable mind will support it."

"The majority of residents are seeking clean air, a peaceful environment and a safe place to send their children to school. These are not unreasonable demands. They should have the full support of their community leaders.

"Despite claims that it puts community first, Coalpac continues to ignore comments from NSW Health and the Planning and Assessment Commission that its project would negatively impact residents.

"If Coalpac is serious about its commitment to the community, it will withdraw its application and go underground and not place the health of residents at risk.

"During the public hearing, not a single resident turned out to speak in favour of Coalpac's proposal which is most likely because only 3% of them would directly benefit from it. The only official petition lodged with the NSW Parliament indicates that 125 Cullen Bullen residents oppose the Coalpac Consolidation Project and want to see the Ben Bullen State Forest protected.

"Protecting the Ben Bullen State Forest as a State Conservation Area would prevent residents ever having to go through this process again. Underground coal mining could still occur, and it would open up new job opportunities through recreational tourism. The local economy would benefit two-fold.

"The Blue Mountains Conservation is working closely with the Lithgow Environment Group, Cullen Bullen residents and our members in Bathurst, Mudgee and Lithgow to champion their key concerns and will continue to do so." says Justin McKee.

Media Contacts: Justin McKee 0404 824 020

NSW Health's submission on the Coalpac Consolidation Project can be found from this page:
http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=4332

Regards

Justin McKee
Blue Mountains Conservation Society
M: 0404 824 020

Posted for Guy Sim

January 8, 2013

HAPPY NEW YEAR!

Hi there and welcome to a whole new year of action for the Running Stream Water Users Association!

A scorcher of a day like today really reminds us how very important water is to all of our lives.

Let's keep up the good work to protect our water resource in 2013.

All the best from me and the RSWUA Committee!






December 26, 2012

Review slams controversial mining proposal

An independent review of plans for a controversial mine expansion on the edge of the Blue Mountains has recommended the project not be approved.

The Planning Assessment Commission has found the benefits of Coalpac's proposed mine development at Cullen Bullen, in the Lithgow district, are "substantially outweighed" by the negative impacts it will have. 

The company wants to extend and consolidate its Cullen Valley and Invincible mines, which would see up to 900 hectares of open cut mining developed. 

Two public hearings were held in the region as part of the review, where one woman told the panel her family was already suffering respiratory illness from the mine's current operations. 

In its report, the commission says it has serious concerns about the impacts of dust, noise and blasting on the health of residents. 

It says it is also concerned about site rehabilitation, as the area is already proposed for inclusion in the conservation reserve system. 

The development has been strongly opposed by environmental groups, who say it would damage the Gardens of Stone, an area of national and international environmental significance. 

The review says there is "considerable uncertainty" about the validity of rehabilitation claims made by the proponent.

Justin McKee from the Blue Mountains Conservation Society says its great to see the significance of the area acknowledged.

"It's impossible to rehabilitate things like endangered ecological communities, you can't replace endangered species, its veneer work, it's very limited in its capacity. 

"So, rehabilitating what's already there back to what it was is a really difficult project."

A final decision on the project is expected early next year.

Ref: ABC NEWS Fri Dec 21, 2012


The PAC’s report is available at www.planning.nsw.gov.au (look for the What’s New link at
the top right hand corner of the page).


Media Release by Planning Assessment Commission on the Coalpac project is available here. 

Posted for Guy 

December 18, 2012

BARRY NEEDS TO HEAR FROM YOU!

In 2011, Barry O'Farrell promised to return planning powers to the community but the reforms now being considered by his Government will take away our rights to have a say on the majority of developments in our area including coal mines.

Tell Barry what you think about this by signing the BPN petition here:

http://betterplanningnetwork.good.do/nsw/email-the-premier-2/

November 30, 2012

Centennial bite the bullet

 Centennial bite the bullet
By LEN ASHWORTH Nov 29,2012, 4 a.m.



IN another disturbing development for the all important local mining industry the western field’s biggest operator, Centennial Coal, has announced a suspension of production at its newest mine, Airly.

The Airly mine, near Capertee, has been operating for only a few months.

It is now to be placed on care and maintenance with inevitable job losses.

Centennial will also stop production at its Mannering mine on the central coast.

A spokesperson for Centennial said yesterday the company was seeking to deploy as many of the displaced miners as possible.

The company has rejected reports from some media outlets yesterday that as many as 100 miners would lose their jobs.

General Manager External Affairs Katie Brassil emphasised an anticipated 40 job losses were anticipated ‘spread across the entire group, not just from Airly or Mannering’.

New capital expenditure is also being put on hold but Ms Brassil said that an expansion project at Angus Place and the coal loader extension at Wallerawang will not be affected and will go ahead as planned.

In a prepared statement released on Tuesday evening Centennial Coal said:

LIKE most other companies in the mining industry Centennial Coal (Centennial) has been reviewing its mining operations in response to the recent significant decrease in the US dollar price of export thermal coal over the past few months combined with the high Australian dollar.

The industry is suffering from record high production costs, a result of the resources boom-driven competition for scarce resources increasing wages and other input costs, but also the impost of increased government processes and charges.

As a result of this review, capital expenditure on a number of projects has been deferred, which will impact some positions across the group, and regretfully Centennial has decided to place both Mannering (Lake Macquarie) and Airly Mine’s (Western Coalfields) on ‘care and maintenance’ commencing January 2013.

“The decision to place these two mines on ‘care and maintenance’ has not been taken lightly,” Centennial’s Chief Operating Officer Steve Bracken said.

“Both mines have struggled to make a positive contribution in their own right not only through the lower coal price but a combination of difficult mining conditions, poor coal quality and, in the case of Airly, transport costs have hindered the viability of these mines.

“In the current market, their losses can no longer be absorbed without negatively impacting the group’s overall performance,” Mr Bracken said.

“Centennial will redeploy the majority of these employees to neighbouring sites across the group minimising redundancies to about 40,” he said.

While on ‘care and maintenance’ both mines will continue to meet safety and environmental regulations, studies and approvals currently under way will be progressed and the sites appropriately maintained to enable a reopening when market conditions improve.

Centennial are not the only mining company with major disruptions, head to page three in today's Lithgow Mercury to see how Coalpac staff have been effected by government indecision.

Posted for Guy

November 29, 2012

Better Planning Network - Workshop


Better Planning Network
      Media Release

PO Box 989 Lane Cove NSW 1595 Email: betterplanningnetwork@gmail.com Website: betterplanningnetwork.good.do  
                    An affiliation of more than 100 community groups

Workshop Calls for More Community Rights in Planning


Better Planning Network participants in a workshop with senior officers of the NSW Department of Planning and Infrastructure have called for the community to have mandated rights to participate in and challenge planning and/or development decisions.
 

“This was a positive and productive workshop,” said Corinne Fisher of the Better Planning Network. 

“The Departmental staff undertook to present a summary of the issues raised to the Minister so that he is aware of community views before the White Paper is finalised. On the other hand, there is no commitment to implement our suggestions.”
 

Better Planning Network representatives were adamant that Ecologically Sustainable Development should be the driving factor and prime objective of the new Act. They also argued that State Planning objectives should include conservation of biodiversity, protection of prime agricultural land, heritage protection and promotion of community wellbeing.
 

“These issues are fundamental to good planning,” said Ms Fisher. “They must go hand in hand with open, transparent and accountable decision-making at all levels of planning and development. All decisions should be open to scrutiny and should be accompanied by written explanations of how and why they were made.”
 

Participants also pointed out that if the community is to participate meaningfully in the strategic planning phase, as the government has claimed, there must be sufficient resources and time to enable genuine and meaningful dialogue. This will require professional facilitators.
 

Among the points raised at the workshop were:

•  There must be no direct employment relationship between developers and private certifiers


• The system should encourage a collaborative relationship between developers and community for code-assessable projects


• Community members must have the right to comment on site-specific and local development issues including building design, overshadowing and social amenity


The community must have the same rights to challenge planning/development decisions as those granted to developers.

For more information contact: Corinne Fisher 0421 831 889
19th November 2012

November 28, 2012

The Obeid Family unravels

More incriminating details are emerging as the ICAC continues its inquiry into the shady deals done over the Bylong Valley coal resource. Former mining minister Ian Mcdonald was alleged to have given inside information on a government tender for exploration licences in 2008 around the same time he would've been looking at the resource of the Ilford/Running Stream area.
Read more here:
http://www.smh.com.au/nsw/witness-tells-of-obeid-approach-before-hearing-20121127-2a5ux.html

November 22, 2012

Obeid Friend Lying His Head Off at ICAC

The Independent Commission Against Corruption is probing into the dodgy deals that went on between former MP Eddie Obeid and his mates over land grabs in the Bylong Valley. Read on to see how crooked these guys are being shown up to be.

http://news.ninemsn.com.au/national/2012/11/16/15/01/obeid-friend-lying-his-head-off-icac-told

Environmental Defenders Workshop

Gardens of Stone Video

Some clever people have made a short video about the threat to the Gardens of Stone National Park which is part of the World Heritage Listed Greater Blue Mountains National Park. They liken it's pending destruction as akin to blowing up that other Heritage listed monument the sydney Opera House.

You can view it here:

http://www.youtube.com/watch?v=o7pSlaoSRHg

COMMUNITY RIGHTS IN PLANNING


The RSWUA along with other community action groups has now joined the Better Planning Network which advocates for more community rights in government planning processes. 
At a recent workshop  with senior officers of the NSW Department of Planning and Infrastructure, participants called for the community to have mandated rights to participate in and challenge planning and/or development decisions.
“This was a positive and productive workshop,” said Corinne Fisher of the Better Planning Network. “The Departmental staff undertook to present a summary of the issues raised to the Minister so that he is aware of community views before the White Paper is finalised. On the other hand, there is no commitment to implement our suggestions.”
Better Planning Network representatives were adamant that Ecologically Sustainable Development should be the driving factor and prime objective of the new Act. They also argued that State Planning objectives should include conservation of biodiversity, protection of prime agricultural land, heritage protection and promotion of community wellbeing.
“These issues are fundamental to good planning,” said Ms Fisher. “They must go hand in hand with open, transparent and accountable decision-making at all levels of planning and development. All decisions should be open to scrutiny and should be accompanied by written explanations of how and why they were made.”
Participants also pointed out that if the community is to participate meaningfully in the strategic planning phase, as the government has claimed, there must be sufficient resources and time to enable genuine and meaningful dialogue. This will require professional facilitators.
Among the points raised at the workshop were:

·        - There must be no direct employment relationship between developers and private certifiers
·        - The system should encourage a collaborative relationship between developers and community for code-assessable projects
·         - Community members must have the right to comment on site-specific and local development issues including building design, overshadowing and social amenity
·         -  The community must have the same rights to challenge planning/development decisions as those granted to developers.

November 17, 2012

Best article to explain CSG

John Williams Scientific Services Pty Ltd recently prepared a report for The Australian Council of Environmental Deans and Directors. 
The report is titled An analysis of coal seam gas production and natural resource management in Australia: Issues and ways forward.
Both a precis and a full report are available to download: [ Download Precis ] [ Download Full Report ]
Ref: Capertee Valley Alliance Inc. blog

November 12, 2012

FARMERS “PISSED OFF” WITH MINING COMPANY


8.11.12

At a recent meeting of the Running Stream Water Users Association, Mitchell Clapham, the Mudgee district council chairman of the NSW Farmers Association expressed dismay over negotiations being conducted by Centennial Coal with farmers in the Ilford/Running Stream area.
“To be blunt, I feel pissed off!” he told Association members during an address last Sunday at the Running Stream Hall; “It raises my eyebrows, the things they put in their compensation schedule then argue it’s not compensable.”
Mr Clapham was referring to an item in the coal company’s Access Agreement about landholders’ time which is listed in the mining company’s compensation schedule yet, under Section 262 of the Mining Act, is not considered to be something “real or tangible”.
Apart from spending much of his time dealing with Centennial Coal over access to his own property on Mt Vincent, Mr Clapham has also been involved in the long-running negotiations between the NSW Farmers Association and the NSW Minerals Council over a mining access agreement template for members.
“It’s difficult to negotiate because farmers cannot legally deny access to mining companies but we do need to define what is fair and reasonable compensation”, he said.
Currently there is no legal precedent for compensating a landowner for their time, which can often be considerable. Mr Clapham has had three on-site meetings with Centennial and two external meetings, as well as spending many hours of his valuable time researching and making phone calls about the matter. “If a fitter at a mine can earn $80 to $100 per hour, then I think it’s only fair and reasonable that a farmer’s time is valued at least that much too.”

It is a point that has yet to be tested in a court of law but the Association has vowed to support any members who wish to take the matter to the Land and Environment Court. It also backs Councillor Esme Martens’ stance to make water a compensable loss. Surely this is only fair and reasonable?


RSWUA General Meeting Minutes 4.11.2012 1


 4 November 2012 - GENERAL MEETING MINUTES 
Held at Running Stream Hall 
Meeting commenced  3 pm 
Present: The Committee and 17 members of the Association 
Apologies: There were no apologies recorded 
Item I: Special Resolution – Adoption of Model Constitution 
The motion, recommended by the Committee, 
That Running Stream Water Users Association adopt the Model Constitution prepared by the Dept of Fair Trading to replace the present Rules was unanimously adopted 

The meeting was then addressed by Mitchell Clapham who spoke about access agreements. He gave an update on the latest developments with access agreements, being that Greg and Christine Reeves and Centennial went to mediation to try to get agreement on their access agreement. The arbitrator basically ruled in favour of all that Centennial wanted to have in the document and the Reeves’ requirements were over-ruled. 
In brief, he noted: 
NSW Farmers is not happy with the NSW Government’s draft Strategic Land Use Policy. 
NSW Farmers has also been working for the last 2 years with the Minerals Council to get a template for a standard access agreement drafted. The template has now been launched but NSW Farmers is still very unhappy with it. 
The ‘Denman group’, of which he is a member, has been working with Centennial to try to draft a template for a standard access agreement. So far this has not happened, mainly because of the issue of amount of compensation and minimum standard of road access. Members of the group want to have Mid-Western Regional Council’s minimum standard for gravel roads adopted . (as the minimum standard, but) Centennial contest this, John Sandona verbally saying that their roads would actually need to be above this standard, but then later their legal people saying that standard was excessive. 
Centennial and Greg & Christine Reeves have been to mediation over the Reeves’ access agreement. No proper agreement on compensation was reached at the mediation. It was simply noted that landholders would have to demonstrate a compensable loss for any compensation to be paid. 
The Mining Act provides for compensable loss for farmers in Sections 262 and 263; however it is argued by Centennial that the farmer’s time spent in mediation is not compensable. There are few precedents set in court for compensable loss because most mining agreements are made in mediation or settled on the steps of court, not the courts. Mitchell himself for example has spent at least two full days on negotiations with Centennial relating to his own property and his time spent on this matter is apparently not compensable. He said he would like to be paid at least $100/hr for his time (noting that Centennial‘s legal representatives are probably paid far more than this), but Centennial laywers point out that the landholders time is not listed in the Act as a compensable item . Only things real and tangible are compensable does not acknowledge his time as a compensable loss. 
As the meditation failed, both parties then put in a written submission to the Aribitrator. The Reeves did theirs on their own while Centennial had their legal team put together an 11 page document 
RSWUA General Meeting Minutes 4.11.2012 2 


pointing out that the Arbitrator was constrained by what was in the Mining Act, plus another 80 pages of examples of previous cases 
Mitchell feels that Centennial is playing hardball and is not going to compensate people properly at all, despite what they have said verbally and generally about paying all compensable losses. He said he feels they have not treated the Reeves or the other members of the Denman group with respect and decency. He also 
The bottom line is that the landholder does not have much negotiating power at all. 

The meeting finished at 4.30 pm. 

N.B. There is a town and village forum to be held at Ilford Hall at 1 pm on Wednesday 14 November by the Mid-Western Regional Council. Members are encouraged to attend and to put any concerns (whether related to the proposed mine at Running Stream or other concerns) to the council representatives. Please note that we have been advised that  if people dont turn up, then Ilford will be dropped as a forum venue.


November 8, 2012

Inglenook CCC Minutes

The RSWUA objects to the term 'Inglenook' being used by Centennial Coal in relation to our lands. The renaming of the Ilford/Running Stream/Clandulla area is a crude way of appropriating our country for foreign-owned commercial interests and we see it as an affront.

Nevertheless, that is the name which will appear on the coal company's reports referring to our heartland.

Here are the latest minutes from the Community Consultative Committee meeting for your information.



 Minutes of Inglenook Exploration Project Community Consultative Committee Meeting 
Date and time: Thursday 18/10/2012, 9:30am 
Location:InglenookProjectOffice,"SpringPark",RunningStream Present 
Margaret MacDonald-Hill (MMH) 
Sarah Jardine (SJ) 
Esme Martens (EM) 
Jolieske Lips (JL) Neva Lilley (NL) 
Mitchell Clapham 
Beau Preston (BP) John Sandona (JS) 
Greg Banning (GB) 
Pam Chadwick 



Welcome and Introduction 
The Chair opened the formal meeting at 9:30am and thanked all attendees for their participation and introduced Greg Banning, Regional Projects and Technical Support Manager. 
Declarations of Interest 
MMH noted her position as Independent Chair appointed by the Minister for Energy & Resources. She is also a Member of the Mine Subsidence Board & Minister’s Arbitration Panel. 
EM as owner of mineral rights in relation to the Inglenook EL, member of Charbon CCC. 
NL’s family as owners of mineral rights in relation to the Inglenook EL. 
The Chair introduced Greg Banning to the committee members as a new Centennial Coal representative of the committee due to organisational changes in Centennial Coal. 
Confirmation of previous minutes 
The minutes were confirmed as a true record by NL and seconded by MC. 
Business arising 
BP delivered a presentation on the Carbon Tax and made available hard copies of the presentation to those in attendance at the meeting. 
JS responded to NL’s previous enquiry about the disinfection of water bores. JS explained that the disinfection of water bores by the application of chlorine in a borehole is only a legal requirement for the cleaning of production bores for drinking water. Production bores for drinking water are not included in the Inglenook Exploration Project.The appplication of chlorine in a borehole on the project is by exception and as required to properly clean water monitoring boreholes of drilling additives that cannot be removed by conventional flushing techniques with water. Water monitoring borehole cleaning, including the application of chlorine, is implemented by the drilling crew under the constant supervision of the project hydrogeologist. During the cleaning process the hydrogeologist measures for balanced acidity/alkalinity, electrical conductivity and colour of the water flushing from the hole. The hydrogeologist determines the borehole is clean once the readings have stabilised and the water flushing from the hole is visually clear. Water monitoring equipment is then installed in the cleaned borehole.