Climate Change: Wallarah 2 longwall coal mine legal challenge

The Australian Coal Alliance states it is; concerned citizens of the Central Coast are worried about the impact that longwall coal mining in the Central Coast Water Catchment Valleys and beneath residential homes will have upon our drinking water catchment, and upon our health, lifestyle and properties. We will continue to demand that the government introduces legislation into the Parliament to protect the Wyong Water Catchment District, the largest drinking water resource on the Central Coast, from mineral extraction, and to protect homes from being undermined by longwall coal mining.

This is its legal battle............

Environmental Defenders Office NSW, 14 November 2018:

EDO NSW, on behalf of the Australian Coal Alliance (ACA), argued in Court that the Planning Assessment Commission’s (PAC) decision to approve the Wallarah 2 longwall coal mine on the Central Coast was unlawful and invalid.

Barristers Craig Leggat SC and Josie Walker argued against the approval of the mine on the basis of climate change, ecologically sustainable development, impacts to water resources and flooding impacts.

The legal team: Craig Leggat SC, Josie Walker of Counsel, Brendan Dobbie, Acting Principal Solicitor and Isaac St Clair-Burns, Solicitor of EDO NSW.

 “Our client ACA argued that the PAC’s decision was invalid on 10 specific grounds”, said David Morris, CEO of EDO NSW. "We focused on the PAC’s assessment of the mine’s downstream greenhouse gas emissions and impacts to the Central Coast water supply and likely flood-affected properties.”

The Wallarah 2 project is predicted to have impacts on 88 private properties, which will be exposed, in varying degrees, to increased risks of flooding. The mine has proposed various options to mitigate those impacts or, where that is not practicable, to make arrangements for the voluntary purchase of flood affected properties. The ACA questioned the legal validity of those conditions.

In addition to the predicted impacts from flooding and to the Central Coast water supply, Wallarah 2 will make a substantial contribution to greenhouse gas emissions – estimated to be more than 264 million tonnes of CO2 over the 28-year life of the mine. NSW law required the PAC to consider an assessment of those emissions when approving the mine. However, the ACA argued in Court that the PAC specifically disavowed consideration of downstream greenhouse gas emissions and therefore the approval was contrary to the law and also to the principles of ecologically sustainable development, which includes the principle of intergenerational equity.

“This case is by its very nature climate change litigation, which we’re seeing more and more in Australia. We argued that the law in this case wasn’t followed with respect to climate change impacts and the principle of intergenerational equity”, David Morris said.

Of additional interest, this was a paperless trial, one of the first that EDO NSW has been involved with, and it proceeded very smoothly.

A judgment is expected sometime before the end of May 2019.

Further detail on this case can be found here: www.edonsw.org.au/wallarah2_aca

EDO NSW is an independent community legal centre specialising in public interest environmental law and members of Northern Rivers communites can contact the EDO at any time via the hotline on 1800 626 239 for free legal advice concerning local environmental matters.

Scott Morrison doesn't know watt's watt

This was the ‘interim’ Australian Prime Minister Scott Morrison on ABC TV The Drum, 23 September 2018:

SCOTT MORRISON: I want more dispatchable power in the system.

ALAN JONES: Could you stop using the word dispatchable? Out there they don’t understand that.

SCOTT MORRISON: Well, real power, OK?

ALAN JONES: Real power.

SCOTT MORRISON: Well, fair dinkum power.

So what exactly is this “dispatchable power” the Prime Minister is talking about whenever he cites “fair dinkum power” that “works when the sun isn’t shining and the wind isn’t blowing”.

This is what Energy Education:has to say on the subject:

Dispatchable source of electricity

A dispatchable source of electricity refers to an electrical power system, such as a power plant, that can be turned on or off; in other words they can adjust their power output supplied to the electrical grid on demand.[2] Most conventional power sources such as coal or natural gas power plants are dispatchable in order to meet the always changing electricity demands of the population. In contrast, many renewable energysources are intermittent and non-dispatchable, such as wind power or solar power which can only generate electricity while their energy flow is input on them.

Dispatch times

Dispatchable sources must be able to ramp up or shut down relatively quickly in time intervals within a few seconds even up to a couple of hours, depending on the need for electricity. Different types of power plants have different dispatch times:[3]

Fast (seconds)

Capacitors are able to dispatch within milliseconds if they need to, due to the energy stored in them already being electrical, whereas in other types of power storage such as chemical batteries the power must be converted into electrical energy.

Hydroelectric facilities are also able to dispatch extremely quickly; for instance the Dinorwig hydro power station can reach its maximum generation in less than 16 seconds.[4]

Medium (minutes)

Natural gas turbines are a very common dispatchable source, and they can generally be ramped up in minutes.

Solar thermal power plants can utilize systems of efficient thermal energy storage. It is possible to design these systems to be dispatchable on roughly equivalent timeframes to natural gas turbines.

Slow (hours)

While these systems are typically regarded as only providing baseload power, they often have some flexibility.

Biomass

Nuclear

Coal

Many coal and biomass plants can be fired up from cold within a few hours. Although nuclear power plants may take a while to get going, they must be able to shut down in seconds to ensure safety in the case of a meltdown.

What this tells us is that renewable energy can and is used as “dispatchable power” and often responds faster than coal-fired power.

Battery storage by way of home battery installations and mega battery installations such as the Tesla system in South Australia are just two successful examples of storing renewable power for later use – making it dispatchable power.

According to the Melbourne Energy Institute, South Australia’s new mix of renewables and traditional source of energy is working well.

What has become increasingly obvious over the years is that once renewable energy via wind and solar reaches a reasonable scale it becomes cheaper than coal and other fossil fuels. That is where Australia is now.

Yet Scott Morrison apparently doesn’t understand how electricity generation and the national power grid work – it’s a though he has been asleep for the last decade. Because he appears to believe that renewable energy systems have not evolved to meet market demands.

Therefore, based on his erroneous views Morrison states he is “going to force them [electricity wholesalers] to put more fair dinkum, reliable energy, power, into the system”.

Which in his mind means more coal-fired power.

Expensive, polluting, coal-fired power supplying electricity to Australian homes at maximum cost to ordinary consumers.

Whitehaven Coal’s Vickery mine extension community consultation has farmers up in arms

Whitehaven Coal Vickery Forest coal mining operation, 2018

Maules Creek section of coal mining operation, 2018

Whitehaven Coal Limited is seeking planning permission to extend its existing mining infrastructure footprint approx. 22kms north of Gunnedah in north-west NSW, by adding a coal processing hub with an on site coal handling and preparation plant (CHPP), train load-out facility and rail spur line to service its open cut mines at Tarrawonga, Rocglen and Werris Creek.

Quite naturally local rural communities are concerned…….

The Northern Daily Leader, 5 October 2018:

The Greens have condemned NSW Planning Minister Anthony Roberts and called his decision to ignore the plea of drought-stricken farmers “the height of arrogance”.

The spraying follows comments Mr Roberts made to The Leader yesterday, where he referred to the 4000-page Vickery coal mine extension report as a “relatively short document”, as he knocked back the request of farmers for more time to read the submission.

Farmers say they are struggling to find time to read and understand the massive document, let alone write a response to it, when they are hand feeding cattle.

Greens resource spokesman Jeremy Buckingham wrote to Mr Roberts in September, seeking to extend the public consultation time from 42 days to 90 days, however is yet to receive a response.

“Minister Anthony Roberts has displayed the height of arrogance in ignoring local farmers and communities and failing to give them a fair chance of responding to a 4000-page document on Vickery coal mine,” Mr Buckingham said.

“Minister Roberts has failed to acknowledge that many local folks are flat out keeping their livestock and farms alive in drought conditions.

“Local farmers and community members have asked for an reasonable extension of time to read thousands of pages of documents and make a considered response, but the Minister won’t listen.

“What does the NSW Government have to hide on this Vickery coal mine proposal?”...

Gloucester community's landmark climate change case began in NSW Land & Environment Court, August 2018

Environmental Defenders Office NSW, 14 August 2018:

CASE SUMMARY

Gloucester Resources Ltd and Stratford Pty Ltd
v Groundswell Gloucester and Dept of Planning & Environment 

The Client: Groundswell Gloucester, a residents’ community group concerned with the environmental, social and economic future of the Stroud Gloucester Valley near Barrington Tops in the upper Hunter.

The Case: Represented by EDO NSW, Groundswell Gloucester was joined to proceedings that will determine the fate of the Rocky Hill Coal project, a greenfield open-cut coal mine less than 5km from Gloucester township.

Representation: Matt Floro, solicitor for EDO NSW, has carriage of this matter for Groundswell Gloucester and our Principal Solicitor, Elaine Johnson, is the solicitor on record. We are grateful to barrister Robert White for his assistance in this matter.

Experts: Emeritus Professor Will Steffen will for the first time give evidence in an Australian court that no new fossil fuel developments can be approved if we are to avoid overspending our carbon budget. Professor Steffen is a Climate Councillor on the Climate Council of Australia, Member of the ACT Government’s Climate Change Council, and was previously a Climate Commissioner on the Australian Government’s Climate Commission.

Energy analyst Tim Buckley will explain the financial mechanisms and market changes that are driving investments away from coal and creating a risk that Rocky Hill will become a stranded asset. Tim Buckley is Director of Energy Finance Studies, Australasia, Institute of Energy Economics and Financial Analysis.

60 community objectors include farmers, doctors, Traditional Owners and young people. This is also the first time in an Australian court that young people will talk about the impact of climate change and the impact of the mine on their communities, and future generations.

Timeline:

2016 - Community celebrations after AGL withdraws its application to drill 330 coal seam gas extraction wells in the area.

December 2017 - celebrations continue when the Planning Assessment Commission (PAC) refuses consent to the Rocky Hill Coal Project proposed by Gloucester Resources Limited (GRL). The PAC found that the mine was not in the public interest because of its proximity to the town of Gloucester, significant visual impact and direct contravention of the area’s zoning plans.

The PAC also refuses consent to a Modification of the consent for the nearby Stratford mine - operated by a related company of Yancoal Australia Limited - that proposed the receipt, processing and railing of coal from the Project.  The PAC found that the Modification would have no critical purpose or utility outside the Project.

Planning Minister grants both mining companies the right to appeal the refusal of consent to the Land and Environment Court.

February 2018 - Our client, Groundswell Gloucester, seeks to be joined to the proceedings.

April 2018 - following a full-day hearing, the Land and Environment Court orders that Groundswell Gloucester be joined to the proceedings brought by GRL.
In relation to the climate change ground, on joining Groundswell Gloucester, the Court noted that:
“GRL submits that the raising of the climate issue as proposed in a domestic Court if the Intervener were joined would not serve the purpose of improving this particular planning decision; and, instead, would be a “side show and a distraction”. I do not agree.”

Our client has been permitted by the Court to present expert evidence on climate change and the social impacts of this new mine. The Court will hear anthropological evidence about the social impact of mining on the community.

This is the first time an Australian court will hear expert evidence about the urgent need to stay within the global carbon budget in the context of a proposed new coal mine.

Key dates: 
13-14 August 2018
Opening submissions at the Land and Environment Court, Macquarie Street, Sydney
15 August 2018
Site visit (parties only) Gloucester
16-17 August 2018
Hearings in Gloucester (community objectors)
20-24 & 27-31 August 2018
Submissions and expert witnesses at the Land and Environment Court, Macquarie Street, Sydney

Background

This is the first hearing of its kind since the historic Paris Agreement in which a superior jurisdiction Australian court will hear expert testimony about climate change, the carbon budget and the impacts of the burning of fossil fuels.

For years EDO NSW has supported the Gloucester community, providing legal and scientific advice. This contributed to a recommendation from the Department of Planning and Environment (DPE) in 2016 to the Planning Assessment Commission (PAC) to refuse GRL’s greenfield mine application, known as the Rocky Hill Coal Project (the Project) and the associated Stratford modification.

In December 2017, the Planning Assessment Commission (PAC) refused consent to the Project and the modification, finding they were not in the public interest because of proximity to the town of Gloucester, significant visual impact and the area’s zoning under planning laws.

In deciding how the Project and modification would be assessed, the NSW Minister for Planning granted unusual merit appeal rights to GRL and Yancoal who are now joined together in aggressively challenging the refusal in the Land and Environment Court.

Both coal companies have recruited their own legal and scientific teams. However Groundswell Gloucester was not told about the merit appeal until February, two months after GRL filed the case.

EDO NSW case page: www.edonsw.org.au/groundswell 

~~~~~~~~~~~~~~~~~~~~

Concerned citizens can donate to the Environmental Defence Fund here.

Stopping coal expansions in NSW that are bigger than Adani's proposed Carmichael Mine complex

If you’re concerned about extreme weather & drought, get involved in stopping coal expansions in NSW that are bigger than Adani.
Cast your ballot here:https://t.co/qEbG1rXZDU#nswpolpic.twitter.com/YVBapNOlfK

— Annie Kia (@AnnieKia) August 2, 2018

Australia 2018: the Coal War continues

It should come as no surprise that in the Coal War being conducted by right-wing ideologues and climate change deniers consumers are predicted to be the losers under the Turnbull Government's National Energy Agreement (NEG) and, that Australian Prime Minister Malcolm Turnbull is offering the same illusory $550 per annum saving on electricity costs per household promised but not delived by his predecessor Tony Abbott. 

A COAG Energy Council Ministers meeting on August 2018 will reveal the final NEG design - a design which won't be published until after this meeting.

What is already broadly known about the NEG design appears to support allegations that the aim of this agreement is to cement the dominant position of fossil fuels in the national energy mix at the expense of renewable energy technologies.

REneweconomy, 20 July 2018:

As pressure mounts for Australia’s states and territories to finalise their position on the National Energy Guarantee, a new report has warned the federal government’s policy would fail to achieve its most basic and important function: to lower energy costs for consumers.

The report, commissioned by Greenpeace Australia Pacific, says the Coalition’s NEG would in fact do the opposite – raise electricity prices; as well as bringing investment in large-scale renewables to a halt, and do nothing to combat climate change.

Based on analysis conducted by energy and environment analysts RepuTex, the report models the impact of the NEG under the government’s 26 per cent emissions reduction target, compared to a more ambitious 45 percent target.

In both scenarios, as shown in Figure 17 above, electricity prices are forecast to fall through to 2020 as more than 6GW of renewable energy enters the NEM under large-scale renewable energy target (LRET).

“The increase in low cost solar and wind generation will see the electricity supply steadily become more competitive, with average prices less influenced by high priced gas, and subsequently falling toward $60 MWh in 2020,” the report says.

But under the NEG, new investment in renewables falls off a cliff after 2020, while the impact of the reliability guarantee drives an increase in gas generation, prolongs the phase-out of coal, and makes it harder for key new technologies, like battery storage and demand management to compete.

“The result is the continuation of a coal-dominated market with a fairly static picture for large-scale renewables investment, with gas providing flexibility to meet evening ramp ups,” the report says.

“As a result wholesale prices rise above $70 per MWh after the closure of Liddell, and $80 per MWh after the expected retirement of Yallourn in 2028.”

A more ambitious emissions reduction target, however, of 45 per cent, would provide a signal for investment in more solar and wind, driving prices down by around $20/MWh.

“The competitive pressure from higher solar and wind energy is modelled to push wholesale prices lower, eventually resulting in the closure of excess coal capacity” – around 9GW, in total, by 2030 RepuTex says.

GetUp! Australia

Published on Jul 23, 2018

The crucial make or break meeting of State Energy Ministers is on 10 August. So if we want block Turnbull's dirty energy plan, we need to move right now.

https://youtu.be/JdgLCihZJq8

Go to http://www.savesolar.org to make a free call.

Political Cartoon of the Week

   Cathy Wilcox

                                 

Get Up!: Adani is paying for government staff to 'independently' assess Adani's mine.

Rio Tinto's RTM Wakmatha bulk carrier

Get Up! is currently sending out an interesting email pointing out the close relationship between the Adani Group and government.

Given past behaviour of the Adani Group it is possible that it might also be considering looking to a small business focused, suspected 'greenwashing' front called the Great Barrier Reef Foundation, for assistance in the future.

Given the Turnbull Government's announcement of a $444 million grant gifted to the coal, ore, gas and petroleum export industries as well as bulk carrier fleets operating on the Australian east coast, by way of the Great Barrier Reef Foundation.

A foundation which classes Rio Tinto's RTFM Wakmatha (a Post Panamax bulk carrier on the Weipa to Gladstone run) as the foundation's research vessel in its so-called mission to save the reef.

https://www.marinetraffic.com

On Monday night 28 May 2018 the 'research' vessel was on the return trip north (destination Gove NT) sailing between the coast and Lizard Island. 

Two oil tankers were also travelling north behind it. 


Get Up! email, 28 May 2018:

Adani is paying for government staff to 'independently' assess Adani's mine.

The corporation has struck a mind-boggling deal that will see Adani pay up to $1.5 million in salaries, housing and vehicle costs for council employees who will directly assess parts of their coal project.¹

Adani now has its tendrils deep in every level of our democracy. From local councils, to state governments, right through to our Federal politicians. Adani has infiltrated our democracy in a way that makes objective decision making virtually impossible.

Our Reef is on the brink, and so is our planet. If we're to stop this monstrous coal mine, we have to fight back against the huge influence dirty polluters have over our democracy.

Can you sign our open letter to Australian politicians demanding they get big polluters out of government?

This is only the latest sordid chapter in this country's big book of polluting politics.

From the beginning, there has been a revolving door of operators moving freely between Adani and political offices. Last Queensland election, an Adani lobbyist 'volunteered' to run Labor's election campaign.²

Resources Minister Matt Canavan stacked the board deciding whether or not to give $1 billion to Adani with his pro-coal friends.³ And when that didn't work, Trade Minister Steve Ciobo went out and changed the rules of government funding body EFIC (the Export Finance Insurance Corporation) to allow hundreds of millions in public money to fund projects exactly like Adani's coal mine.⁴

The fossil fuel industry and their vested interests are rotting our democracy from tip to root. If we are to get the real, urgent change we need, we need to clean them out on every level.

Sign our open letter demanding we get big polluters out of our politics.

It's not just Adani, either. The Turnbull Government has just announced a plan to 'save the Reef'. Except instead of doing anything about climate change, this plan involves granting $444 million to an obscure group with links to climate-deniers. Their plan? Let "corporate interest help decide the science strategy and funding priorities."⁵

Yep. Nearly half a billion dollars for climate-deniers to work with big business to solve the problem. What could go wrong?

At the same time, the Government's Energy Security Board put out a call for energy companies to help implement Turnbull's new energy plan. Big polluters could be writing the rules they'll have to follow. Again, what could possibly go wrong?⁶

It's clear that our politicians, and especially this Turnbull Government, have shown us they are both incapable and unwilling to act on climate while they are dominated by climate deniers, the fossil fuel lobby and big coal donors.

Help get fossil fuels out of our democracy. Sign our open letter now.

It's time for a clean out.

Sam R and Jairaj, for the GetUp team.

References
[1] Adani to pay for Isaac council staff working on Carmichael mine activities, ABC Online, 28 May 2018
[2] Adani lobbyist Cameron ­Milner in Palaszczuk campaign, The Australian, 30 August 2017
[3] Conflicts of interest concerns over $900m Adani loan spark Senate estimates questions, ABC Online, 2 June 2017
[4] Coalition to allow government-backed loans to coalmines as banks hesitant, The Guardian, 11 September 2017
[5] Corporate figures to help decide Great Barrier Reef priorities under $444m grant, Sydney Morning Herald, 21 May 2018
[6] Energy Security Board asks companies for staff to deliver National Energy Guarantee, Australian Financial Review, 21 May 2018

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GetUp is an independent, not-for-profit community campaigning group. We use new technology to empower Australians to have their say on important national issues. We receive no political party or government funding, and every campaign we run is entirely supported by voluntary donations. If you'd like to contribute to help fund GetUp's work, please donate now! This email was sent to judith.melville@gmail.com. To unsubscribe this email address from GetUp, please click here.
Our team acknowledges that we meet and work on the land of the Gadigal people of the Eora Nation. We wish to pay respect to their Elders - past, present and future - and acknowledge the important role all Aboriginal and Torres Strait Islander people continue to play within Australia and the GetUp community.
Authorised by Paul Oosting, Level 14, 338 Pitt Street, Sydney NSW 2000.

Wangan and Jagalingou Traditional Owners: "We're on the frontline defending our lands against Adani" and we ask your help

From: Adrian Burragubba - via CommunityRun <info@getup.org.au>
Date: Thu, May 24, 2018 at 5:46 PM
Subject: We're on the frontline defending our lands against Adani
To: [redacted]

This is a message from the leaders of the Wangan and Jagalingou Traditional Owners. They are the Traditional Owners of the land where mining giant Adani want to build the Carmichael coal mine. Your details haven't been shared with anyone.

Dear [redacted],

We are leaders of the Wangan and Jagalingou Traditional Owners. We're the people on the frontline defending our ancestral lands in the fight against Adani's destructive coal mine.

Our people have said no four times to a miserly land deal offered by Adani in exchange for the destruction of our homelands. We have been opposing Adani and holding them off since 2012.

Our resistance has nothing to do with dollars. No amount of money or promises from a deceitful corporation can stop us standing strong in defence of Wangan and Jagalingou lands and waters and sacred sites.

But Adani are ruthless. They have used the dirtiest tactics to undermine our right to say no, and manufacture a phony "Indigenous Land Use Agreement".

Right now we're fighting against Adani's shoddy tactics and their sham "agreement" in court. The judge could hand down a decision any day now. But it won't end there.

Can you sign our petition to stand with us against Adani?

We are willing to fight Adani all the way to the High Court to protect our environment and sacred sites. We are working for a positive future for our people on our country. We won't stand by and watch its destruction for coal.

Adani are relentlessly pressuring the Queensland government to clear our Native Title rights out of the way — and as the clock ticks and Adani gets more desperate, it will only intensify.

So we need to show Adani and our Governments that they can't fake or force our consent.

We have never given our consent to Adani to destroy our country, and we never will. Our land is our living law; we are connected to it through our ancestors and our culture. Without it we will cease to exist as a people.

Our people have been leading a courageous fight against a cashed-up mining giant with politicians in its pockets, and top end of town lawyers to argue away its collusion, bad faith and dishonesty.

We're calling time on this. It's time for Adani to walk away.

Sign our petition to tell Adani No means No.

Adani can't keep bullying us, or pretending they have our consent. Consent is written in our hearts and minds, and the truth is we have said no. Time and again.

And we shouldn't have to keep saying it. Adani haven't been able to put money on the table for this project or even say when they'll start digging. They've given nothing to our people, or to the people of Queensland and Australia, except a bunch of false promises. The smart money and honest commentators know Adani's Carmichael mine is going nowhere.

But still our rights are at extreme risk. The Queensland Government could yield to this corrupt polluting corporation and "legally" rip up our Native Title, just so they can say they have their final "approval".

We continue to hold the line and have many tens of thousands of supporters in Australia and around the world, but we need more. We need to build a more powerful movement, standing in solidarity with us, to take on Adani's wealth, political influence and dirty tricks.

Sign our petition to support our fight against Adani.

We are in the fight of our lives. Adani have shown a relentless determination to use unjust legal maneouvres to trample our rights. But this fight is bigger than Adani. It's about the rights that all Aboriginal people have to say no to dirty extractive industries that profit from our traditional homelands. It's about our right under international law to be free from discrimination, and to choose our own economic future.

We have a vision for our people that's sustainable. We want economic independence, and to make a future on our country that is respectful of the land and uplifting for our people. We want to invest in solar energy and other new clean enterprises. We don't want scraps from a corrupt corporation looking to profit from the permanent destruction of our culture, or meagre handouts and low paid dirty jobs that require us to give up our human rights.

When we say No to Adani, we mean No. We hope you'll stand with us.

Support our fight: http://wanganjagalingou.com.au/our-fight/

Adrian Burragubba, cultural leader and senior spokesperson
with Murrawah Johnson, Youth spokesperson
and Linda Bobongie, W&J Council Chairperson

for the Wangan and Jagalingou Traditional Owners Council

---

CommunityRun is a new online organisation that lets anyone start, run and win their own campaigns. It receives no political party or government funding and is not affiliated with any political party. To unsubscribe from CommunityRun updates, please visit here or visit http://www.getup.org.au/unsubscribe?cr=true. To unsubscribe from individual CommunityRun campaigns, please visit www.communityrun.org.
Our team acknowledges that we meet and work on the land of the Gadigal people of the Eora Nation. We wish to pay respect to their Elders - past, present and future - and acknowledge the important role all Aboriginal and Torres Strait Islander people continue to play within Australia and the GetUp community.
Authorised by Paul Oosting, Level 14, 338 Pitt Street, Sydney NSW 2000.

Lock The Gate back in court asking questions about "secretive deals" between NSW Coalition Government and Shenhua mining group

NSW Environmental Defender’s Office (EDO):

Lock the Gate Alliance v Dept of Planning & Environment / Dept of Premier & Cabinet

Our client Lock the Gate is seeking access to information held by the NSW Government about secretive deals relating to the “buy-back” of the coal exploration licence for Shenhua Watermark Coal Pty Limited’s (Shenhua) controversial Shenhua Watermark Coal Mine in the Liverpool Plains in north central NSW, one of the nation’s most productive agricultural regions.

Lock the Gate argues that the public has a right to know about deals made behind closed doors in relation to the exploration and development of the proposed Watermark coal mine. Lock the Gate argues that accountability and transparency in this case are essential given the significant predicted impacts of the Watermark mine on the Liverpool Plains, the nation’s agricultural industry, local communities and the environment.

On behalf of Lock the Gate, we are asking the NSW Civil and Administrative Tribunal to decide that the release of this information is in the public interest.

Farmland on the Liverpool Plains. Photo: Lock the Gate Alliance.

Background

In July and September 2017, respectively, Lock the Gate made applications to the NSW Department of Planning and Environment and the NSW Department of Premier and Cabinet for information about Shenhua’s application to renew its exploration licence for the Watermark mine. That information encompasses secretive dealings between Shenhua and the NSW Government that resulted in the buy-back of around 51% of the exploration licence, which covered the highly fertile “black soils” of the Liverpool Plains, at the cost of $262 million to the public.

Whilst the NSW Government claims that the buy-back was necessary to protect the black soils from mining, and thereby the agricultural industry of the Liverpool Plains, Lock the Gate contends that the buy-back will do nothing to lessen the expected impacts of the mine. Furthermore, Lock the Gate argues that the buy-back was completely unnecessary. The NSW Government could have used its powers under the Mining Act to reduce the size of the exploration licence by 50% upon its renewal without the payment of any compensation to Shenhua.The NSW Government could also have cancelled the exploration licence outright given that Shenhua had allegedly failed to comply with a condition of the licence that required substantial development of the Watermark mine to have commenced by October 2016, eight years after the initial grant of the licence in 2008.

The information sought by Lock the Gate includes Shenhua’s submissions on the licence renewal application, its request for the abovementioned licence condition to be suspended, Ministerial briefings and draft deeds of agreement about coal exploration and mining titles. The NSW Government has withheld this information on the basis that, amongst other things, it contains Cabinet information, was provided in confidence, or that its release may be prejudicial to Shenhua’s business interests – and therefore that there is an overriding public interest against its disclosure.

On the contrary, Lock the Gate argues that the overwhelming public interest in the release of the information is clear.

Access to this information will increase the accountability and transparency of the NSW Government in relation to the exploration and development of coal in the Liverpool Plains. This is particularly important in these circumstances where the Government has done deals with a private, foreign-owned, coal mining company behind closed doors and these have resulted in the expenditure of vast amounts of public funds without clear justification.

Access to this information is also vital for the public to have confidence in the decision-making processes of the NSW Government in relation to dealings about coal mining and exploration projects. This is essential where these dealings involve projects that are likely to have significant economic, social and environmental impacts and in which a number of stakeholders have expressed competing views. 

The more transparency around those deliberative processes, the more likely it is that they will be of high quality and will serve the public interest.

The matter is listed for hearing on 9 May 2018.

Brendan Dobbie, solicitor for EDO NSW, has carriage of this matter for Lock the Gate and our Principal Solicitor, Elaine Johnson, is the solicitor on record.

We are grateful to barrister Scott Nash for his assistance in this matter.

'Surrounded by secrecy'

Link to this case summary.

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