Another win for local community in the Battle for the Bylong Valley, NSW

 

Locals opposed the development of a the mine.(ABC News: Liv Casben)

The fight to stop a multinational mining company from devouring the Bylong Valley in New South Wales began way back in 2010.

By 2015 Korean energy giant KEPCO held 7,385 hectares of freehold land in the valley for its proposed thermal coal mine.

In 2017 that landholding had grown to more than 13,000 hectares of Bylong Valley land. At that time the entire mining project was expected by KEPCO to directly impact/”disturb” est. 2,874.7 hectares within the 700 sq. km Bylong River catchment area.

IMAGE: The Land, 1 August 2017

Good agricultural land was being subsumed by this proposed mine and vital water resources threatened.

The Bylong Valley community and its supporters have fought on through a number of jurisdictions for the last ten years.

This is the latest legal success farmers & other residents from the area have achieved…….

On 14 September 2021 the NSW Supreme Court, Court of Appeal dismissed the KEPCO Bylong Australia Pty Ltd appeal of a Land and Environment Court of NSW judgment.

KEPCO was unsuccessful with respect to each of the five ground of appeal against the primary judge’s dismissal of its challenge to the Independent Planning Commission (IPC) decision and was ordered to pay the costs of the active respondent, Bylong Valley Protection Alliance Inc.

KEPCO can of course seek special permission to appeal to the High Court of Australia and, it seems likely that mindlessly pro-mining NSW Deputy Premier & Nationals MLA for Monaro John Barilaro will encourage such an action.

However, this 14 September Court of Appeal judgment was unanimous and that gives cause for comfort.

ABC News, 14 September 2021, excerpt:

Bylong Valley Protection Alliance (BVPA) president Phillip Kennedy hopes the decision will allow the community to rebuild itself.

"I'd really like to see this valley that's been purchased by Kepco under the pretense of a proposed coal mine 10 years ago when they started [to be given back]," he said.

"We would like to ask the South Korean government to release that land back, to allow the mums and dads and the farmers of Australia to come here and to bring it back to what it once was."

The appeal zeroed in on the interpretation of parts of environmental policy and whether or not the IPC's refusal was legally sound.

But today's verdict backed the IPC's judgement that the project would cause "long lasting environmental, agricultural and heritage impacts"….

Bylong Valley, NSW
IMAGE: ABC News, 17 April 2019

Clarence Valley Council seeks allies in it fight to keep the Clarence River and its tributaries healthy and able to sustainably supply water to est. 129,378* people

"The Clarence River has the largest catchment and is the longest river on the NSW east coast, and our big river or Briemba/Breembia, is our greatest national asset."  [Issuu, from Clarence Valley Council - Draft Local Strategic Planning Statement, April 2020]

The Daily Telegraph, 24 August 2021:

Coffs Harbour City Council is being asked to form a united front with its northern neighbours over concerns mining in the Clarence River catchment could put our water supply at risk.

Mayor Denise Knight has put forward a motion before this Thursday’s council meeting to support Clarence Valley Council in opposition to mining in the Clarence River catchment, despite sounding far from resolute on the matter.

A vast majority of the more than 125,000 people in both council areas rely on water from the Clarence River catchment for drinking via the Shannon Creek dam.

Ms Knight would not confirm where she stood on the issue and said she was putting the motion forward as had been requested by Clarence Valley Council Mayor Jim Simmons. “I am just doing them a solid,” she said.

“It is important to listen to the debate and hear what councillors think and feel.” In his letter to Ms Knight, Mr Simmons outlined his council’s position, which is to seek a moratorium on mining and mining exploration.

Clarence Valley Council are also asking the state government to deem the catchment a “no-go zone” for minerals mining due its “unique natural and cultural values”.

“(This is being done) on behalf of the community who are concerned that mining will not only have detrimental environmental effects but also puts at risk our drinking water for the Clarence and Coffs Harbour Council area,” Mr Simmons said.

With the price of precious metals running hot in recent years, exploration licenses have been sought across the region which was once known for its mining.

In September 2020, Christopher Wilson Investments lodged a series of applications with the state government for exploration across 391sq km of land which included parts of Coffs Harbour and Grafton council areas.

The licence in Coffs Harbour covers an area of 198sq km and cuts across the Orara River in between Coramba and Nana Glen.

The increase in licence applications, along with a series of more advanced projects, also prompted local conservation groups to step up efforts to prevent mining in the Clarence catchment.

Clarence Valley Independent, 30 July 2021:

At last week’s Coffs Harbour City Council (CHCC) meeting, the executive summary regarding the reaching of an agreement between Essential Energy, Clarence Valley Council and CHCC – on ownership of water supply infrastructure – concluded, “The final step is to gain the formal consent of Clarence Valley Council and the Essential Energy Board to conclude the transaction to transfer the assets to Clarence Valley Council ownership.”

In an effort to inform the Independent’s readers about the issue, given all of CVC’s discussions have been confidential, here’s a full transcript of CHCC’s executive summary of the matter….

Read the full article here.

NOTE:

* the figure of 129,378  people is based on the combined Clarence Valley & Coffs Harbour City 2020 LGA population projections published by Idcommunity demograpic resources.

Morrison and Berejiklian Governments appear to be moving towards removing the moratorium on uranium mining & nuclear power generation in NSW - with the North Coast likely to be in their sights

With the exception of a research nuclear reactor operating in New South Wales, a moratorium on nuclear energy is in place in Australia which prohibits the construction or operation of nuclear power plants.

Federal Parliament created the ban in 1998, and the moratorium has remained in place with bipartisan support ever since.

However, if the federal Minister for Energy and Emissions & Liberal MP for Hume, Angus Taylor, NSW Deputy-Premier & Nationals MLA for Monaro, John Barilaro, and One Nation state MLC, Mark Latham, have their way this may change soon with regard to New South Wales.

Following a referral from the Minister for Energy and Emissions, the Standing Committee on the Environment and Energy resolved on 6 August 2019 to conduct an Inquiry into the prerequisites for nuclear energy in Australia. On 13 December 2019 the Committee presented its report.

The NSW Berejiklian Government is reported to be supporting Mark Latham's private member's bill to lift the state moratorium on nuclear energy production.

The Uranium Mining and Nuclear Facilities (Prohibitions) Repeal Bill 2019 was introduced and had its first reading in the NSW Legislative Assembly on 6 June 2020.

A subsequent NSW Legislative Council inquiry stacked with pro-uranium members recommended that the state ban on nuclear mining and power be lifted - concluding that nuclear energy is "a viable possibility for the State's future generation needs". The Berejiklian Government response to this recommendation is due on 4 September 2020.

The state electorates of Coffs Harbour, Clarence, Myall Lakes, Port Macquarie and Oxley are among a dozen areas previously identified by nuclear lobby group Nuclear for Climate Australia as prime locations for reactors.

All these North Coast electorates are currently held by NSW Nationals. Temporary Speaker Gurmesh Singh in Coff Harbour, Parliamentary Secretary for Regional Roads and Infrastructure Chris Gulaptis in Clarence, Parliamentary Secretary for Regional Transport Stephen Bromhead in Myall Lakes, Deputy Speaker of the Legislative Assembly Leslie Williams in Port Macquarie and Minister for Water, Property and Housing Melinda Pavey in Oxley.

Recently the shadowy Nuclear for Climate Australia has been telling the federal parliament that the silent majority in regional Australia are in favour or have a positive opinion of nuclear power - even those in regional branches of the Labor Party [House of Representative Standing Committee on Environment and Energy, Inquiry on the Prerequisites for Nuclear Energy in Australia, submission, 13 September 2019].

NSW State Labor parliamentarians Walt Secord and Janelle Saffin have vowed to work together to fight One Nation senator Mark Latham’s legislation to set up a nuclear power industry in NSW.

Mr. Secord is Shadow Minister for the North Coast and Upper House deputy Opposition leader and Ms. Saffin is the MLA for LIsmore in the Northern Rivers region.

Secord and Saffin say that Mark Latham’s bill follows a push last year by Nationals leader and Deputy Premier John Barilaro, to establish a nuclear power industry in NSW. They also say that Mr Barilaro also completed a taxpayer-funded visit to the United States where he was drumming up interest in US investors to build nuclear reactors in NSW. At the time, 18 sites were identified as possible sites for nuclear power plants in NSW– including a 250km stretch of coast from Port Macquarie to north of Grafton.

Communities in the Northern Rivers need to begin considering a response to the threats posed by any lifting of the moratorium.

BACKGROUND

Plan envisages 18 Reactors being constructed in NSW by 2040
https://nuclearforclimate.com.au/nsw-regions/

Coal Seam Gas: even the Murdoch media can't disguise this betrayal by Turnbull & Baird Governments

Conversation between NSW Minister for Industry, Resources and Energy Anthony Roberts & Australian Minister for the Environment and Energy Josh Frydenberg at COAG Energy Meeting, August 2016*

The federal and state governments on the east coast of Australia stood quietly by as APPEA and the gas industry structured export and domestic contracts in such a way as to businesses and families pay increasing high gas bills in order to subsidise the industry’s export markets.

Now the Baird Government decides that the best way to deal with this is to let the gas industry expand its exploration activities once again - creating new gas fields across the state.

Gas fields which will still produce gas for sale under the very same commercial arrangements which see Australian domestic gas prices so much higher than the price paid by international buyers.

That is unless the Turnbull, Baird, Palaszczuk and Andrews governments insist that the wholesale domestic gas price is no longer tied to the export price and state domestic gas reserves are established so that supply adequately keeps pace with demand.

The Australian, 22 August 2016:

New frontlines in the battle among environmentalists, pastoralists and gas explorers are set to be drawn, with governments in NSW and Victoria weighing up moves to reopen the door to critical energy projects to avert a looming price crisis.

The Baird government is preparing to stare down fierce envir­onmental opposition to coal-seam gas mining by lifting a moratorium blanketing most of NSW and approving projects on a “case by case” basis.

The move, which will reignite a debate largely extinguished after the buyback of earlier mining ­licences, comes as Victoria is ­expected by the end of the month to decide on the future of its longstanding moratorium on all new gas projects.

NSW Energy Minister Anth­ony Roberts said it was a priority to keep supply stable and reliable as the market transitioned to ­renewable energy.

“Gas is also an important feedstock for a number of manufacturing processes, not just a fuel source, and therefore ensuring continued reliable and affordable supply underpins employment and investment in a number of key sectors and locations,” Mr Roberts told The Australian……

Narrabri farmer Alistair Don­ald­son is adamant the development of coal-seam gas close to his beef and grain property would ­create economic and environmental problems.

“As landholders, we are held to ransom for what is essentially a highly invasive and potentially destructive industry,” Mr ­Don­aldson said.

“They’ll spruik the economic benefits of the mine, but at the end of the day it comes at the ­expense of other industries without even considering the environmental issues, which are monu­mental.”

NSW has significant reserves of coal-seam gas in the Gunnedah Basin, where Santos is already working on a project near ­Narrabri, as well as in the northern ­Clarence-Moreton Basin and near Gloucester, north of ­Newcastle.

Mr Donaldson said gas supply had not been an issue until the ­development of an export industry focused around Gladstone in Queensland.

“They will take up all available gas no matter what, and I can see us having domestic gas issues for the foreseeable future no matter how many fields we open up in this state … that really frustrates me,” he said.

Anti-mining group Lock the Gate is already threatening to campaign against any easing of restrictions, and is calling for a complete ban in the state.

“If the NSW government opens up the countryside again to unconventional gas and fracking, they know very well that it will be met with widespread community protest and resistance,” said Georgina Woods, Lock the Gate’s state co-ordinator.

“Better to make sensible laws that match the public’s expec­t­ations and protect farmland and water than cave in to gas industry pressure and face a popular ­backlash.”

The Baird government paid $25 million to buy back three ­exploration licenses from ­Metgasco late last year after the ­Supreme Court had found that ­licences granted by the previous Labor government had been ­improperly suspended. The move to a case-by-case assessment of gas projects in NSW was recommended by the Australian Competition & Consumer Com­mis­sion and endorsed by last week’s meeting of federal and state ­energy ministers.

NSW allows coal-seam gas projects in a small slice of the state focused on Narrabri, where Santos is hoping to develop a mine.

The development of that project could supply between one-quarter and one-half of the state’s gas needs, according to the Australian Petroleum Production & Exploration Association.

A Santos spokesman said the company was finalising environmental assessments for the Narrabri gas project, which it would submit to the government shortly.

Any change is likely to mean the government will make ­stringent assessments of the social, environmental and economic impact of potential projects and allow those that are deemed appropriate to be put to ­tender.

A more detailed strategy is ­expected to be released by Mr Roberts later this year…..

Australian Minister for the Environment and Energy Josh Frydenberg, media release, 19 August 2016:

COAG ENERGY MINISTERS AGREE TO SIGNIFICANT REFORM PACKAGE

The COAG Energy Council has agreed to significant reforms and a major new program of work to ensure the energy system remains affordable and reliable as we transition to a lower emissions future. Council focused on three key areas of reform: · Increasing liquidity and transparency in gas markets

· Empowering consumer choice

· Ensuring stability and connectivity of the National Electricity Market (NEM)

Significant reports on gas market reform from the Australian Competition and Consumer Commission (ACCC) and the Australian Energy Market Commission (AEMC) provided a strong evidence base and momentum for action. To fast track implementation of the recommendations from these reports Council will form a new Gas Market Reform Group headed by Dr Michael Vertigan.

These are the most significant reforms to the domestic gas market in two decades. Council recognised the growing importance of gas as a transition fuel as we move to incorporate more renewables into the system.

The reforms will improve competition, encourage more supply and put downward pressure on prices. Another key focus of the Council will ensure consumers can confidently take advantage of new technologies such as battery storage through the introduction of appropriate consumer protections.

Council acknowledged the important role played by interconnectors in the NEM and agreed to review regulatory settings to ensure they do not present barriers to appropriate investment in the current market environment.

Officials have also been asked to provide advice on economic and operational impacts of existing and proposed state and territory emissions reduction policies on the energy system.

This advice will inform the Council’s consideration of how to better integrate energy and emissions policy.

The Council has proved its ability to respond to current issues and I look forward to further engagement with my colleagues when we meet again in December to build on the progress made today.

Ends

* ROBERTS: “We’ll just back you…..people aren’t going to love us, they’re going to hate us….”

   FRYDENBERG: “Well I won’t say that in front of the T.V….”{laughing}

[via @AustralisTerry]

Nationals MP For Clarence Chris Gulaptis' weak-kneed response to the over 10,000 strong Northern Rivers 'No CSG' petition

The Northern Star 20 June 2013:

A PETITION of more than 10,000 signatures from Northern Rivers residents will be read to the NSW parliament today asking for the cancellation of all existing unconventional gas exploration licences in the region.

Greens MP Jamie Parker will read it.

"The people of this region will do what it takes to protect themselves from the gas invasion, but with this petition we are giving the government a chance to respect local democracy and do the right thing by the region," regional co-ordinator of Lock the Gate Northern Rivers, Ian Gaillard said.

Later that same day in the NSW Parliament, the Member for Clarence fails again to adequately represent his electorate in the short 21 minute period during which the O'Farrell Government played politics with the petition rather than discuss the issues:

Mr CHRISTOPHER GULAPTIS (Clarence) [4.40 p.m.]: Coal seam gas is a big issue in the Northern Rivers and in my electorate. I am neither for nor against coal seam gas. My position, and that of The Nationals, is that we have to regulate the industry to ensure that it does not impact on our land or water. In New South Wales, 1.1 million rely on gas as a source of energy. We have a responsibility to ensure that those people  can access gas at a fair price without compromising our environment. That is the approach the Government has taken. I am somewhat confused about the approach of The Greens and the former Labor Government on this matter. One minute they are for it and the next minute they are against it; one part of the party is for it and the other part of the party is against it. They have more positions on this issue than there are in the Kama Sutra....

A response from the community in The Daily Examiner 25 June 2013:

MPs in sorry state

A 10,000-signature petition from Northern Rivers residents opposed to coal seam gas was presented to the NSW Government last week.

In response to a referendum on CSG at the recent council elections, the Lismore electorate voted 87% against the industry, and it would be expected that similar percentages would have been recorded in neighbouring local government areas had the same question been posed there.

As well, the Lock the Gate survey of thousands of landholders across the region has routinely reported in excess of 90% voting to declare their roads gas field-free zones.

However, last week's petition was presented to Parliament by the Member for Balmain because our local State representatives, Chris Gulaptis and Thomas George, both refused to present it.

At the subsequent parliamentary debate on the petition, neither local member addressed the substance of the petition, instead trying to push the blame for what is occurring onto the previous Labor government.

And how dare Mr Gulaptis refer to an issue opposed by 87% of the community as the "anti-CSG bandwagon" and try to score cheap political points against other elected members.

In what can only be described as a totally irrelevant rant, he targeted our Federal member, Janelle Saffin, over the actions of NSW Labor's disgraced ex-ministers Obeid and MacDonald.

If nothing else, Janelle Saffin is once again going in to bat for her constituents, a responsibility our State representatives should remind themselves of, and hang their heads in shame for failing to do so.

John Edwards

South Grafton 

O'Farrell Government treats people of the NSW North Coast with open contempt

From A Clarence Valley Protest on 9 October 2011:

Living in regional New South Wales often leads one to suspect that any state government of the day and its minsters rarely display an understanding of (or empathy with)  the aspirations, problems or concerns of distant local communities.

This was clearly demonstrated when a question raising concerns on behalf of residents and ratepayers living on the NSW North Coast in the Dorrigo, Belligen, Coffs Harbour and Clarence Valley districts was put to the Coalition Government in the NSW Legislative Council last month.

Highlighted below the contemptuous, party-politics-before-people response which was given by the O’Farrell Government:

The Hon. JEREMY BUCKINGHAM: My question is directed to the Minister for Finance and Services, representing the Minister for the Environment. I thank the Minister for his detailed answer previously revealing that the Macleay River has been contaminated by the Hillgrove antimony mine for millennia—which is thousands of years, in case he does not remember. Ancoa has a proposal to reopen the Hillgrove antimony mine responsible for much of this contamination. Anchor Resources plans a new antimony mine at Wild Cattle Creek at the top of the Nymboida River. Given the toxicity of antimony and history of contamination, what is the Government doing to ensure that these mines will not further contaminate the Macleay River and contaminate the Nymboida River?

The Hon. GREG PEARCE: Last week I commented upon the member's North Korean controller and the need to translate his questions from Korean to code, then from code to Korean, and then from Korean to English. I said that his questions are garbled. If anyone could make sense of that question, I invite them to answer it for me. I could not follow it at all—I really could not. I invite the member to put the question on notice to get a detailed answer.

[NSW Parliament, Hansard,14 September 2011]

Water Wars: Not good enough, Richie!

“DANGEROUSLY high levels of arsenic and antimony in Mine Creek, which feeds into Wild Cattle Creek, has ignited debate about antimony mining in an area which leads into the water supply of the Clarence and Coffs Harbour regions.

Wild Cattle Creek is one of the major tributaries of the Nymboida River which leads into the Clarence and also supplies water to Shannon Creek Dam.

A map commissioned by Anchor Resources, the company which is licenced to explore, but not mine the site at Beilsdown, shows Mine Creek at one point had 377 ug/litre (parts per billion) of antimony which is 126 times the Australian and New Zealand Environment Conservation Council's (ANZECC) guidelines for drinking water.

Arsenic levels at the same spot were 85 ug/litre - more than 12 times the ANZECC drinking water guidelines.

The map is dated September 19, 2011.” {The Daily Examiner on 5th October 2011 in Significant threat to waterways}

This is a section of the map published alongside the quoted article (hat tip to Clarencegirl's friends):

Even I can work out that if past antimony and gold mining in parts of the Clarence River catchment have resulted in persistent pollution which is likely to remain for centuries, then it’s not a brilliant idea to sit back and let the O’Farrell Government in faraway Sydney agree to new mining in the area which can possibly stuff up Clarence waterways and increase health risks faced by local communities and the businesses which keep them afloat.

But lord luvva duck! Sometimes you have to wonder what happens to some men’s spines after they catch a glimpse of a golden chance – the right to strut down Macquarie Street and plant their behinds on the government pews in Parliament House alongside Bazza and his mates.

Faced with evidence from a report commissioned by the Chinese-owned mining exploration company, Anchor Resources, Clarence Valley Mayor and Nationals pre-selection candidate, Richie Williamson, had this to say in The Daily Examiner on 5^th October 2011; “Should the mine progress, council will not be taking a back seat on the issue".  

Gone is any hint of outright opposition – or heaven forfend, a proactive approach - to this latest threat to the quality and safety of fresh water flowing down the Nymboida River and on into the kitchen taps of Clarence Valley and Coffs Harbour homes. Instead there is p*ss weak acceptance that what China wants China gets.

Seems the boys from Anchor really did a number on Richie at that last meeting with council.

Coal Seam Gas Exploration in Australia 2011

http://youtu.be/smP9tL_e3U8

Abandoned Metgasco coal seam gas exploration site in June 2011 – waste water storage leaking and overflowing at Dobie’s Bight Road in the Dyraaba area on the NSW North Coast.

From coalseamgasnews:
Update; So two days later they have cleaned this up after me making a complaint, I happened to visit it again while they where there. They just filled it in, covered it all with dirt without removing the water. So I'm not sure how effective that was. Like I said I don't know what was in these ponds, produced water, drilling fluid, rainwater, whatever it was at some point chemicals or toxic water were probably stored in those ponds and even if they pumped it out and what I'm looking at is rainwater, you'd think they'd also remove the contaminated plastic liner when they pumped it out? Instead, now they let it flush out for months and have just buried it. The nearby creek runs into he Richmond River.

First Dog and Ned the Bear with a few home truths about the Moon and Mars...

Sometimes when the mainstream media is in full flight commemorative flight as it was last week over the 40th anniversary of the U.S. landing on the Moon, one can sometimes feel out of sync with supposed public sentiment when thoughts and memories don't appear to coincide with mass recollection.

However, in this instance all those not in lock step were rescued by First Dog on the Moon and Ned the Bear.

Click on images to enlarge

Thank the gods for Australian cartoonists.

Cartoons from First Dog at Crikey and Ned the Bear

The Moon...........

Earth's Moon from NASA archives

Forty years ago today the Americans first successfully landed men on the Moon.

That this anniversary is marked by humankind's inability to come to terms with the fact that dangerous global warming is occurring here on Earth demonstrates that while space exploration may have added to the sum of scientific knowledge it remains somewhat peripheral to life on the home planet.

NASA Apollo 11 video, audio tapes and transcripts here.