A proposed change to mining policy in New South Wales could force changes to planned projects, or even block them, by giving greater weight to social and environmental factors during the approval process.
The amendment to the Mining State Environmental Planning Policy (SEPP) has been proposed by Planning Minister Rob Stokes.
It has angered the mining industry while giving hope to campaigners fighting contentious projects, such as a controversial Rio Tinto coal mine expansion in the Hunter Valley.
The Mount Thorley Warkworth mine expansion, proposed near the village of Bulga, could be affected by the change because the amendment would apply to projects under review by the Planning Assessment Commission (PAC).
Mr Stokes declined a request for an interview, but a statement from his office said the change to the SEPP would “remove a provision making the significance of the resource the principal consideration” when deciding approvals.
“The careful deliberation of environmental, economic and social issues is fundamental to good planning,” Mr Stokes said.
“This proposed amendment reflects the importance of balance in assessing the likely impacts of mining developments.”
Mr Stokes said he would seek public comment on the amendment and a wider review of the Mining SEPP already underway.
Proposal ‘a great step forward’: Bulga campaigners
Residents fighting the Mount Thorley Warkworth mine expansion said the change would be a step in the right direction.
The Rio Tinto proposal, to extend the life of its mine by a further 21 years, would involve the creation of an open cut super pit near the village of Bulga.
The expansion plan had threatened to force the township to relocate, but a PAC report later said the relocation would not be necessary.
An approval will allow this mine to continue providing jobs for 1,300 people and spending hundreds of millions of dollars each year with other businesses across NSW.
Chris Salisbury, Rio Tinto Coal Australia
Bulga Milbrodale Progress Association spokesman Alan Leslie said he hoped the rule change would be enough for the PAC to reject the project.
“This now restores the balance between economic, cultural, threatened species, water sources and so on,” he said.
“[It brings the] community impact into the equation for deciding whether or not these go ahead.
“So from our point of view, this is a great step forward.”
Lawyer Sue Higginson, from the NSW Environmental Defenders Office, said the draft change would need to be considered by the PAC as it deliberated on its final decision on the project.
However, Rio Tinto said the change did not affect the “clear and compelling case” for its proposed expansion.
“An approval will allow this mine to continue providing jobs for 1,300 people and spending hundreds of millions of dollars each year with other businesses across NSW,” Rio Tinto Coal Australia managing director Chris Salisbury said in a statement.
Mining industry warns of threat to jobs
He said a management measures for the project included noise attenuation for the site’s diesel-powered heavy mining equipment and more than 2,800 hectares of environmental offsets.
NSW Minerals Council chief executive Stephen Galilee described the draft amendment as a politically motivated move that could put hundreds of jobs at risk.
I believe the Government has made this decision because it believes it’s the best political outcome, and unfortunately it’s a bad policy outcome that’s going to hurt regional communities.
NSW Minerals Council chief executive Stephen Galilee
“Nowhere is support for our industry stronger than in the mining communities of the Hunter,” Mr Galilee said.
“I believe the Government has made this decision because it believes it’s the best political outcome, and unfortunately it’s a bad policy outcome that’s going to hurt regional communities.
“It would be a very bad outcome if, because of these changes, the rules were changed at the last minute, and projects currently being assessed and at the final stages of assessment were affected.
“That would create significant questions about certainty of investment in New South Wales.”
Nature Conservation Council of NSW chief executive Kate Smolski said the proposed rule change could affect many mining projects, but the Government needed to go further.
The change would “only take us back to where we were two years ago”, before the Mining SEPP was amended to tilt the planning system further in favour of the mining industry, Ms Smolski said.
Opposition resources spokesman Adam Searle described Mr Stokes’s proposed policy change as a “sensible step” back toward a balance between economic, environmental and social considerations.
The announcement came a day after the State Government revealed it had bought back three CSG exploration licences covering large parts of the Hunter region, as well as areas west and south of Sydney.
