December 1, I met with the Minister for Planning, Kristina Keneally, one of her advisors and a senior person from the Department of Planning to discuss the Government’s position on the Bill.
It is my understanding that a Cabinet decision on whether to support such a Bill is based largely if not solely on the recommendation of the relevant Minister. The Minister indicated from the start of the meeting that she had decided not to support the Bill.
Her reasons included the view that the existing provisions for Lake Macquarie contained within SEPP (Mining, Petroleum Production and Extractive Industries) 2007, are sufficient to ensure that open cut, including the recent auger mining proposal, remain a prohibition with Lake Macquarie.
The Minister referred to advice from legal counsel on which they have based this view. Even more surprisingly, she indicated to me that this advice - or part thereof - was the reason Centennial Coal withdrew its proposal for the Olstan project. This is completely at odds with the reasons stated by Centennial and raises questions as to why any decisive opinion was not released or even referred to by the Government at that time.
Local residents and myself had been waiting for the release of advice from Counsel and many were disappointed when we were told that the seeking of advice was discontinued when the project was withdrawn. Something just doesn’t add up with that view, however the Minister responded to my question by saying that she would find out why the advice wasn’t referred to. In the meantime, I have lodged an FOI application with the Department of Planning for information relating to any legal or technical advice it may have received regarding the permissibility of the project.
The Minister also said that the DoP had concerns that provisions of my Bill may have unforeseen impacts on underground mining operations by inadvertently prohibiting associated surface works such as buildings, drifts and other infrastructure. I do not believe that there is any likelihood that such an interpretation could be made of the Bill and can only see both purported reasons as an attempt to justify what seems to be a political decision to not support a Private Member’s Bill, particularly a Private Member who holds a notional Labor seat!
Advancing the Bill at this stage would see it “killed” by the Government, so I will be postponing debate on the Bill until next year and use the ensuing time to meet with local residents, particularly the executives of BAM, SCAM and NOCMFA to discuss where to from here.
The Bill is inherently sensible and supports and improves on State policy. It is about ensuring that no clever use of definitions can bring about another proposal for an open cut mine or anything that looks or smells like an open cut mine. I remain supportive of the coal mining industry in Lake Macquarie where coal is retrieved using traditional underground methods. This Bill should be passed.
Showing posts with label Open-Cut. Show all posts
Showing posts with label Open-Cut. Show all posts
Wednesday, December 2, 2009
Tuesday, October 27, 2009
Leave of Absence
I need to apologise for my so far unexplained absence - its nearly ten weeks since I have updated the Blog! Ten weeks where I just haven't been able to bring myself to make comment on the woeful state of political leadership in NSW. My sincere apologies to Sally, not so much because she likes to read what I write, but more because she sees my Blog as a tangible sign that I have at least done something!
NSW has not risen to any great heights of governance or political maturity in the meantime. Highlights include the overturning in the Land and Environment Court of the approval given by former Minister for Planning, Frank Sartor, for the controversial Catherine Hill Bay development. The development proposed by the Rose Group was found to have been tainted (my words) by a memorandum of understanding signed by the Minister and the developer regarding land transfers to the public once approved. This is one of those times I get to say "told you so" as I specifically made that point to Frank soon after his approval. I told him that I believed he had compromised the perception of objectivity in assessing the proposal. I must admit that I saw it as a point of complaint but not one that would gain enough traction to succeed in court.
The judgement leaves some outstanding questions, though. The Government often gives some indication of "you do that, we'll do this." Councils do it as well and I have often been with staff where we have negotiated a range of outcomes attached to a future approval. Specifically, this is done under Voluntary Planning Agreements where a fair balance between development and other outcomes is negotiated. The judgement needs further explanation to clarify where this type of approach can rightly be applied as opposed to where it would fetter an objective assessment.
Did anything else happen in the meantime? ..... other than the murder of Michael McGurk, the re-emergence of Graham Richardson from the shadows, an introduction to the Medich brothers, an Upper House Inquiry into Planning issues surrounding lobbyists; and of course, the downfall of the Minister for Health John Della Bosca, and serious questions about ALP connections with Hightrade, Tony Stewart gained a victory of sorts when Premier Rees agreed that not all relevant information was considered when Chris Ronalds SC inquired into his behaviour; for this, Stewart dropped further legal action against the State - to mention just a few.
In the meantime the Shooters Party continue to unashamedly hold the Government to ransom in the Upper House until the Government supports their Game and Feral Animal Control Amendment Bill allowing amongst other things, hunting in National Parks.
Amongst a myriad of other things, I have been working on a Private Members Bill (Surface Coal Mining Prohibition (Lake Macquarie) Bill 2009) that would unequivocally rule out the possibility of open-cut or “open-cut-ish” mining operations in Lake Macquarie. The text of the Bill is available on my website and I will write more on it soon. At this stage however, I am hoping to do the First Reading of the Bill on Friday 13th November and in the meantime will be asking the Government to support the Bill rather than kill or modify it.I am meeting with staff from Minister Keneally's office tomorrow and hope to get an indication of their view.
NSW has not risen to any great heights of governance or political maturity in the meantime. Highlights include the overturning in the Land and Environment Court of the approval given by former Minister for Planning, Frank Sartor, for the controversial Catherine Hill Bay development. The development proposed by the Rose Group was found to have been tainted (my words) by a memorandum of understanding signed by the Minister and the developer regarding land transfers to the public once approved. This is one of those times I get to say "told you so" as I specifically made that point to Frank soon after his approval. I told him that I believed he had compromised the perception of objectivity in assessing the proposal. I must admit that I saw it as a point of complaint but not one that would gain enough traction to succeed in court.
The judgement leaves some outstanding questions, though. The Government often gives some indication of "you do that, we'll do this." Councils do it as well and I have often been with staff where we have negotiated a range of outcomes attached to a future approval. Specifically, this is done under Voluntary Planning Agreements where a fair balance between development and other outcomes is negotiated. The judgement needs further explanation to clarify where this type of approach can rightly be applied as opposed to where it would fetter an objective assessment.
Did anything else happen in the meantime? ..... other than the murder of Michael McGurk, the re-emergence of Graham Richardson from the shadows, an introduction to the Medich brothers, an Upper House Inquiry into Planning issues surrounding lobbyists; and of course, the downfall of the Minister for Health John Della Bosca, and serious questions about ALP connections with Hightrade, Tony Stewart gained a victory of sorts when Premier Rees agreed that not all relevant information was considered when Chris Ronalds SC inquired into his behaviour; for this, Stewart dropped further legal action against the State - to mention just a few.
In the meantime the Shooters Party continue to unashamedly hold the Government to ransom in the Upper House until the Government supports their Game and Feral Animal Control Amendment Bill allowing amongst other things, hunting in National Parks.
Amongst a myriad of other things, I have been working on a Private Members Bill (Surface Coal Mining Prohibition (Lake Macquarie) Bill 2009) that would unequivocally rule out the possibility of open-cut or “open-cut-ish” mining operations in Lake Macquarie. The text of the Bill is available on my website and I will write more on it soon. At this stage however, I am hoping to do the First Reading of the Bill on Friday 13th November and in the meantime will be asking the Government to support the Bill rather than kill or modify it.I am meeting with staff from Minister Keneally's office tomorrow and hope to get an indication of their view.
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