Mining Law Workshop Dundurrabin Community Centre, February 11th 2012 at 1.30pm

MINING LAW WORKSHOP

Dundurrabin Community Centre at 1.30pm
on February 11, 2012  

Sue Higgenson, senior solicitor from the Environmental Defenders  Office, is coming to talk with our community about mining law.

This is an open  invitation to the whole community to address everyone's concerns regarding the  legal side of mining and our rights within the community and for our private  landholdings.

Take this opportunity to  understand what could happen if mining proceeds in our community.

Environmental Defenders Office:
  A  community legal centre specialising in public interest environmental  law

  Mission:  promote the public interest and improve environmental outcomes through the  informed use of the law

  Functions
  Legal  Advice and Representation

  Policy  and Law Reform

  Community  Education

  Scientific  and Technical Advice

Please bring a something to share to have with a  cuppa.

Local Mining Exploration
Anchor  Resources have been doing exploratory drilling at Dundurrabin for gold and  copper.

As  reported on Anchor Resources website, (http://www.anchorresources.com/) the  Tyringham prospect is identified as a Reduced Intrusion- Related Gold System (RIRGS) and deposits of this type include multi-million ounce gold mines such as Fort-Knox, Pogo and Donlin Creek (Alsaska) and Kidston Australia.

Further information on proposed mining can be found at Dorrigo Environment Watch.

How long will Nationals Chris Gulaptis hold his seat if the O'Farrell Government allows toxic mining in the upper reaches of the Clarence River Catchment?

The Nymboida River system is part of the larger Clarence River catchment. It is predominately from the Nymboida River that Coffs Harbour and Clarence Valley local government areas draw their drinking water.

Based on his public statements so far, it seems that Nationals MP for Clarence Chris Gulaptis is refusing to back a ban on mining in the headwaters of the major northern rivers in New South Wales.

However, the call for action from local communities continues.

ABC Mid North Coast News January 23, 2012 :

Coffs-Clarence conservationists are calling for a ban on mining and exploration in the headwaters of the region's major rivers.

One company exploring for antimony on the Dorrigo Plateau, Anchor Mining, has already been fined over the impact of its activity on the Orara and Nymboida river catchments.

It is in relation to activity at the old Wild Cattle Creek mine near Bielsdown.

Coffs Harbour councillor and mining opponent Mark Graham says exploration exposed ore bodies containing toxic minerals like antimony, lead and mercury.

"There's been major damage to rainforest and contamination of the catchment," he said.

"Mining must be prohibited in sensitive catchment areas, particularly drinking water supply areas.

"We've already seen poor practice, we've seen the law being breached and fines being issued.

"The only way to protect the catchment is to prohibit mining and further exploration activities."

Cr Graham says the New South Wales Government will be lobbied to place a ban mining and exploration in the region's river catchments.

"There is huge community support for banning mining in the Orara and Nymboida catchments because of the drinking water supply," he said.

"That community support will translate into political will and pressure will be brought to bear upon the State Government to set no-go zones such as the Dorrigo Plateau."

Another perspective on Anchor Resources' antimony mining proposal

The 101 year-old Don Dorrigo Gazette ran this letter to the editor by Jacqueline Williams on its front page in December 2011:

Mining in Dorrigo: another perspective

The article appearing in the Don Dorrigo Gazette 16/11/2011 under the heading ‘Mining in Dorrigo’ presents information that appears to be directly from an Anchor Resources brochure on the Bielsdown Project.  It would seem appropriate to question and challenge this article and highlight perhaps what we the community haven’t been told.

Anchor Resources is one of three companies holding mineral exploration licences on the Plateau and is currently the most active. Anchor Resources activities include drilling for gold at Dundurrabin, proposed drilling for antimony/gold at Wongwibinda (Fishington Mine) and further drilling at Bielsdown. This flurry of activity in our region reflects the rising price of antimony, gold and other metals and I question whether this is due to resource scarcity or market manipulation? China produces 90% of the world’s antimony, and we have seen the price of antimony skyrocket from $4K per tonne to $16K per tonne in the last two years.  This price increase has largely been associated with the closure of a number of large producing antimony mines in China due to human health/safety and environmental concerns. It is pertinent to add here that Anchor Resources is now at least 96% owned by the Chinese company Shandong Jinshunda Group as of mid 2011.

I note that Anchor Resources refer to the exploration licence process, however it is difficult to find the latest approval for their Bielsdown project with the Government gazette showing an application to renew the licence in February 2011, however this licence doesn’t appear to be granted as yet. Also of concern is that a Review of Environmental Factors (REF) has not been undertaken for any of the exploration licence applications submitted by Anchor for the Bielsdown project since 2007.  My understanding is that a REF is a requirement of all exploration licence applicants to undertake an environmental impact assessment of the proposed activities so that NSW DPI can make an assessment under the Environmental Planning and Assessment Act 1979 prior to granting the licence. Given that the Bielsdown project location has state and national significance as habitat for threatened species I question the currency of the exploration licence and how the NSW government has overlooked an important part of the approval process. This is not to mention the requirements under the Commonwealth legislation that the location triggers. It is unclear whether Anchor Resources have notified the Commonwealth government to determine if their exploration activities are considered a ‘controlled action’ under the Environmental Protection Biodiversity Conservation Act 1999 requiring further environmental impact assessment and approval. Many farmers have shared with me their frustration about their efforts and sacrifices in conserving native vegetation and habitat for the public good only to see mining companies given open slather.

I don’t wish to dwell solely on the environmental issues surrounding the potential of mining on the Plateau, as there are other issues that need to be considered. It seems that Dorrigo is not immune to the unprecedented mining expansion in regional Australia where the potential social and economic impacts need to be considered by the communities faced with these challenges. As the current legislation has been identified as inadequate to accommodate the risks, new policies are being developed and proposals to change legislation under debate. In the meantime, mining activities continue to expand.  In considering the full impacts of mining, the concerns of landholders and rural communities should not be dismissed as simply ‘alarmist’.....

Read the full letter here.

Dorrigo Environment Watch contradicts Anchor Resources claims concerning community consultation

Community consultation contradictions

In early November 2011 Dorrigo Environment Watch Inc undertook a survey of local residents near the Wild Cattle Creek Mine to substantiate Anchor Resource’s claims of wide community consultation. The results of the survey contradict these claims.

In an interview with Katya Quigley Coffs Coast ABC Radio on October 6^th  2011 Anchor Resources General Manager Ian Price quoted ‘Anchor since it started exploration drilling, in about 2009 has consulted widely with the local residents particularly in the area affected by the project. We continue to do that as there are changes and we planned to do activities that’s included letter drops and face to face meetings with people. We are continuing that consultation into the local community, distributing an updated brochure to people in the community and will continue to do that work.’

A follow on interview on the 18^th November 2011 reiterated Anchor’s claims about widely consulting with the local community and their community engagement project. 

Results from the survey found that 52% of landholders had received no communication from Anchor Resources, whilst 26% were contacted in 2009 with no further communication since. 17% of landholders had communications in 2009 and 2010 and 13% of landholders have been communicated with between 2009 to 2011. One of these landholders received over 96 emails from Anchor Resources in a 2 year period, mostly in relation to access agreements. The landholder survey conducted included 88% of known residents along Lower Bielsdown Road.

DEW is alarmed by the comments made by Mr Price in relation to community consultation. It is very misleading to state publicly that Anchor Resources has been consulting widely with the community and specifically with those living near the area most affected by the project when the survey findings clearly showed that a very small proportion of residents have actually been consulted. We feel false and misleading information about our community is being presented by Anchor Resources. Given this and Anchor Resources' refusal to attend or accept invitations to community public forums it follows a pattern occurring in communities throughout NSW affected by mining, where mining companies use tactics that have been described in parliament as ‘divide and conquer’.  We invite Anchor Resources to adopt best practice community engagement including organising and hosting an open public forum in Dorrigo where all community members are welcome.

Dorrigo Environment Watch Media Release 7 December 2011

Government attempts to downplay planning and structural deficiencies associated with antimony mining on the NSW North Coast

NSW North Coast Nationals MPs need to explain to their electorates why they continue to tolerate this ongoing threat to water security and, why they are considering a proposal to establish another antimony mine in the Nymboida River system:

ABC Mid North Coast News Macleay River spill sparks contamination fears  

November 29, 2011 14:41:35

There has been another heavy metal spill into the Macleay River from a gold and antimony mine in the upper catchment.

Heavy rain over the weekend caused an overflow from a stormwater dam at the Hillgrove mine near Armidale.

The Kempsey council's infrastructure manager, Robert Scott, says the contamination sounds worse than it actually is.

He says the rain caused the spill but it also helped dilute it.

"At the moment the dams in the Hillgrove mine, because they've received around about 290mm of rainfall for the month of November alone, are full, they are discharging," he said.

"We are seeing a massive dilution factor as a result of the overall flow that's coming off the New England Tablelands at the moment, which has resulted in relatively low levels of discharge directly from the mine."

However, conservationists are worried about the latest spill into the Upper Macleay.

Coffs Harbour Greens' councillor Mark Graham says the spill in the region's drinking water catchment should be grounds for concern.

"I think that all the evidence is that the river is contaminated by mining practices and it's not just the historic mining practices," he said.

"The owners of the Hillgrove mine, Straits Mining, were recently fined $50,000 in the Land and Environment Court for ongoing contamination to the headwaters of the Macleay.

"These mines are creating ongoing contamination for the catchment.

No Antimony Mine on the Dorrigo Plateau - get your bumper stickers now

The bumper stickers are available from Kombu Wholefoods in Bellingen, The Happy Frog in Coffs Harbour, The Clarence Environment Centre in South Grafton, Sawtell Paradise Fruit, The Sawtell Newsagency, Hickory Wholefoods in Dorrigo, Dorrigo Environment Watch Inc., Antimony Action and local NSW Greens groups.

Further information about the proposed reopening of the mine and about the dangers of antimony mining in high rainfall areas is available at
http://www.dorrigoenvironmentwatch.org.au/index.html

Chris Gulaptis' masters block motion calling for moratorium on mining approvals on Dorrigo Plateau & in Clarence River Catchment

From A Clarence Valley Protest on 11 November 2011: 

O'Farrell Government blocks motion calling for moratorium on mining approvals on the Dorrigo Plateau and Clarence River Catchment

Today the NSW Parliament Legislative Council was adjourned at 3.52 pm until Tuesday 22 November 2011 at 2.30 pm.

However, before the House rose the O’Farrell Coalition Government gave voters on the NSW North Coast a very good reason to reject his candidate, Chris Gulaptis, at the 19 November Clarence by-election when it used its numbers and influence to block this motion:

349. Mr Buckingham to move—

1. That this House notes that:

(a) Anchor Resources Limited have conducted scoping studies that indicate a resource of 17,500 tons of antimony have been found at both Wild Cattle Creek near Nymboida, and the Blicks River to the northwest of Dorrigo on the mid north coast of New South Wales,

(b) Anchor Resources Limited has recently been subject to a majority takeover by the Chinese minerals company China Shandong Jinshunda Group Limited which now owns over 90 per cent of the company,

(c) antimony is a mineral resource used for a range of high tech products such as polymers, fire retardants and electronics,

(d) antimony and many of its compounds are toxic and the World Health Organisation has stated that oral consumption can result in "a strong irritating effect on the gastrointestinal mucosa and trigger sustained vomiting ... abdominal cramps, diarrhoea and cardiac toxicity",

(e) the Wild Cattle Creek project is located within the headwaters of the Nymboida River, which is the highest rainfall catchment in New South Wales,

(f) the majority of the municipal water supply for more than 100,000 residents in Coffs Harbour is provided by Shannon Creek Dam which is fed by pipes directly from the Nymboida River,

(g) the Nymboida also flows into the Clarence River which provides water for domestic and agricultural purposes and is part of an important fishery based around Yamba,

(h) the high rainfall of the catchment means there is a significant risk that run off containing antimony and arsenic from any mine site could contaminate the river systems,

(i) a previous antimony ore processing plant at Urunga Lagoon has been described in the Bellingen Council 2009-10 State of the Environment Report as seriously contaminated and unable to be rehabilitated, and

(j) the Government has admitted that mining activities at Hillgrove have caused serious and long-term contamination of the Macleay River from the mine to the Pacific Ocean.

2. That this House calls on the Government to:

(a) place a moratorium on mining approvals on the Dorrigo Plateau and Clarence until the Strategic Regional Land Use Plan has been completed for this area, and

(b) consider declaring the area around Wild Cattle Creek at the headwaters of the Nymboida an environmentally sensitive area, off-limits to mining as per the Coalition's Strategic Regional Land Use Policy.

(Notice given 8 November 2011—expires Notice Paper No. 72)

Legislative Council Notice Paper No. 55—Friday 11 November 2011

The Greens issue Clarence By-election challenge in defence of water security

The Greens threw down a political gauntlet in support of their candidate, Janet Cavanaugh, on 1 November 2011 and it would be foolish if any other candidate in the Clarence by-election continued to ignore these issues.

The Daily Examiner 2 November 2011:

THE GREENS have issued a challenge to all contenders for the upcoming Clarence by-election - state your position on mining at the headwaters of the Clarence River.

NSW Greens MLC Jeremy Buckingham was in Grafton yesterday in support of Greens candidate for Clarence, Janet Cavanaugh.

The pair raised grave concerns for the Clarence River if a 1.5km x 0.5km open cut antimony mine was approved at Wild Cattle Creek - a tributary of the Nymboida River.

Readings near the proposed mine site, which is being explored by Anchor Resources, have already shown dangerously high levels of antimony and arsenic.

"We are calling on voters to send a message to Barry O'Farrell, letting him know that they want him to rule out mining in the headwaters of the Clarence," Mr Buckingham said. "We're not against all mining but it's got to be responsible mining.

"The risks associated with mining - especially for antimony and gold in the headwaters of the Clarence are too great.

"The experience in the Macleay should be a cautionary tale - you've got an entire river system that's been polluted that's going to be impacted for a millennia to come. "…….

"You would not want to see that happen in the Clarence and put at risk the tourism, the agriculture, the fisheries……..

Mr Buckingham called for a fast-tracking of a Strategic Regional Landuse Policy for the North Coast.

He said the Upper Hunter, New England North West, Central West and Southern Highlands would have SRLPs done out of this year's budget of $2.1 million but he was unsure when the North Coast's policy would be done.

"With the amount of mining and coal seam gas proposed in the Dorrigo Plateau, the Macleay, Clarence Richmond and Tweed Valleys - a SRLP should fast-tracked for the region."

Full article here.

Photograph of Nymboida River from Google Images

NSW North Coast antimony contamination makes it onto national television

From A Clarence Valley Protest on 22 October 2011:

21-22 October 2011 media coverage of NSW North Coast antimony contamination risks

The ABC TV program 7.30 NSW aired graphic footage of existing antimony contamination and canvassed the risks of reopening an old Wild Cattle Creek antimony mine in the Clarence River catchment.

It can be viewed here:
http://www.abc.net.au

The Sydney Morning Herald also addressed the issue of historic and recent contamination from the Hillgrove antimony mine:

A PLUME of toxic pollution from an old antimony mine appears to have killed fish for dozens of kilometres along the Macleay River in northern NSW.....
a study published by the CSIRO in 2009 described the waterways near the mothballed mine as ''highly contaminated'' and estimated about 7000 tonnes of waste had accumulated along the bed of the Macleay River.
Water tests have shown antimony levels at 250 times background levels, with high levels detected along the river to the coast at Urunga, where the mineral was once processed for export.

 The ABC program is remarkable for its vivid illustration of the incompetence of the current NSW Environment Minister Robyn Parker and, her willingness to utter untruths.

http://youtu.be/i_Nbmk2eNBQ

Any concerned North Coast residents who may wish to express their opinions on the matter of mining in the environmentally sensitive Nymboida River section of the wider Clarence River catchment might like to consider emailing the following politicians:

NSW Premier Barry O’Farrell MP at office@premier.nsw.gov.au

NSW Deputy Premier Andrew Stoner at  office@deputypremier.nsw.gov.au and oxley@parliament.nsw.gov.au

NSW Minister for Resources and Energy Chris Hartcher at office@hartcher.minister.nsw.gov.au

NSW Minister for the North Coast Don Page at office@page.minister.nsw.gov.au

NSW Minister for the Environment Robyn Parker at Robyn.Parker@parliament.nsw.gov.au

NSW Minister for Planning and Infrastructure Brad Hazzard at office@hazzard.minister.nsw. gov.au

NSW Minister for Tourism, Major Events, Hospitality and Racing George Souris at office@souris.minister.nsw.gov.au

NSW Minister for Primary Industries Katrina Hodgkinson at office@hodgkinson.minister.nsw.gov.au

NSW Duty MP for Clarence Rick Colless at rick.colless@parliament.nsw.gov.au.

NSW Leader of the Opposition John Robertson at blacktown@parliament.nsw.gov.au   

NSW Shadow Minister for the Environment and Climate Change, Shadow Minister for Water, Shadow Minister for Energy Luke Foley at Luke.Foley@parliament.nsw.gov.au

NSW Shadow Minister for Planning, Infrastructure and Heritage Linda Burney at linda.burney@parliament.nsw.gov.au

NSW Shadow Minister for Resources and Primary Industries,  as well as Shadow Minister for Tourism Major Events Hospitality and Racing, Steve Whan at steve.whan@parliament.nsw.gov.au

Federal Minister for Sustainability, Environment, Water, Population and Communities Tony Burke at Tony.Burke.MP@environment.gov.au

Federal Minister for Infrastructure and Transport Anthony Albanese at A.Albanese.MP@aph.gov.au

Federal Independent Member for Lyne Rob Oakeshott at robert.oakeshott.mp@aph.gov.au

Federal Independent Member for New England Tony Windsor at http://www.tonywindsor.com.au/contact.html

UPDATE:

The Greens called on the NSW Environment Minister, Robyn Parker, to explain why she told the ABC that testing on fish had been conducted, when the Department of Primary Industries said it had not.

Dorrigo Environment Watch on the subject of mining at Wild Cattle Creek

Stuttering Frog

Dorrigo Environment Watch is on a mission to raise community awareness of risks to human and environmental health. The following can be found on its website at

http://www.dorrigoenvironmentwatch.org.au/index.html:

With 70% of NSW under mining exploration licences it seems no place is protected, regardless of known high conservation values and environmental legislation requirements.

There is considerable potential for endangered frogs to be at risk from renewed mining development on the Dorrigo Plateau. The site of the antimony deposit known as Wild
Cattle Creek is well known habitat of a number of rare and threatened frog species, in particular the Giant barred frog (Mixophyes iteratus) listed as nationally endangered
and the Stuttering Frog (Mixophyes balbus) listed as nationally vulnerable. These frogs and their habitat are supposedly protected by the Australian Government’s Environmental Protection and Biodiversity Conservation Act 1999 (EPBC) and the NSW Threatened Species Conservation Act 1995 (TSC).

Dorrigo Environment Watch has located both the Giant Barred frog and the Stuttering frog in the streams just below the current drilling activity zone. Frog surveys, conducted by DEW members with scientific and environmental education expertise, have been underway since November 2010, with the data validated by an independent frog expert and sent to the DECCW Wildlife Database Unit.

Under the EPBC there are no third party referral procedures for an individual or community group to report these frogs to and it seems that proponents such as Anchor Resources Ltd are required to ‘self assess’ as to whether they would be required to submit ‘notice of an action’ to the Australian Government. Similarly under the NSW Department of Industry and Investment, Anchor Resources drilling program was considered low impact and deemed not to require a ‘Review of Environmental Factors’. DEW considers that both the Australian and NSW Governments are failing in their legislative responsibilities to protect these nationally listed frogs and their habitat. In particular it is concerning how this exploration licence managed to avoid
any environmental assessment under either State or Australian legislation given that a quick Google search of ‘Wild Cattle Creek NSW and frogs’ leads straight to the Government web sites for threatened frog species.

As required under the EPBC Act, DEW has written to the NSW State Government requesting that they notify the Australian Government of the need to trigger the EPBC for this mining development site and for a Review of Environmental Factors to be undertaken.

As yet, the EPBC has not been triggered on any NSW mining exploration licences. Wild Cattle Creek Dorrigo provides both the NSW and Australian Governments an opportunity to use the legislation they have enacted to protect threatened species and to regain a balance of appropriate land use in rural Australia currently dominated by the mining sector.

Giant Barred Frog