From our Alliance Partners at the Maules Creek Community Council

The hearing on the Maules Ck Coal Mine scheduled for today has been adjourned following news that Whitehaven Coal have approached the NSW Government to have their contested management plan for the project varied and thus render the legal proceedings redundant.

This means that the Secretary of the Department of Planning and Environment must soon make a decision on whether to let Whitehaven change the rules and clear Leard Forest in spring when young native animals are likely to be killed in their nests.

“The adjournment follows news that instead of waiting for a court decision on the legality of the Biodiversity Management Plan, Whitehaven have decided to amend their plan entirely so that they can bulldoze Leard forest in spring” said Phil Laird for the Maules Ck Community Council.

“This places the welfare of the threatened animals of Leard Forest squarely in the hands of the new Secretary of the Department of Planning and Environment, and the relevant Ministers – Prue Goward and Rob Stokes.

“It’s a massive test for the NSW Government – are they capable of standing up for the environment against the shifting demands and production timetable of a mining giant?

“Or will they approve a new Biodiversity Management Plan, allow the slaughter of young native animals in their nests, and prevent our case from ever being heard in court?

“If approved, this new plan would be yet another example of how coal mining has corrupted due process in NSW – the miner breaks the rules, the community pings them for it, and then the government changes the rules to suit the miners.

“The NSW Government needs to finally find the courage to enforce basic regulations on coal mining and stop moving the goal posts to suit the mining industry” he said.

The Maules Creek Community Council sought an interim injunction in the NSW Land & Environment Court in June, challenging the Biodiversity Management Plan under which Whitehaven had commenced clearing in winter.

The injunction proceedings resulted in Whitehaven being forced to stop clearing until a full hearing on the case, which was scheduled to commence today.

Japan Tropical Forest Action Network (JATAN) have travelled to Maules Creek to support a blockade of Idemitsu’s Boggabri Coal Haul road this morning. JATAN have joined the Leard Forest Alliance (LFA) calling for a halt to the destruction of the Leard State Forest. JATAN and the LFA are calling on a halt in the construction of the Maules Creek Project and for Japan Bank of International Cooperation (JBIC) to divest from Idemitsu’s Boggabri Coal mine.

Leard State Forest is the largest piece of remnant bushland left on the Liverpool Plains and contains some of the last remaining 0.1% of critically endangered box gum woodland left on the earth. The forest is home to 396 species of flora and fauna. This includes 28 threatened species, such as the koala, turquoise parrot and squirrel glider.

“These corporations are destroying irreplaceable forest. Forests that simply cannot be offset.” said Meret MacDonald, LFA spokesperson

“We have travelled from Japan so we can see first hand, the destruction of Australian forest and farmland by our government’s bank” said Akira Harada, JATAN spokesperson

Both Idemitsu’s Boggabri coal and Whitehaven’s Maules creek project are clearing 1100ha of this critically endangered forest without adequate offsets. Japanese corporations, J Power and Itochu, are joint owners of the Maules Creek mine, holding 10% and 15% stakes.

“The Senate Inquiry earlier this year has shown that offset policy is not working and in the case of these mines has been a complete sham” said Meret MacDonald LFA spokesperson

JBIC is the financier of Idemitsu’s Boggabri Coal and by funding this destruction they are in direct opposition to their own policies. They must take into consideration impacts on land, water, air, as well as cultural heritage and landscape, and impacts that impacts may lead to trans-boundary and global problems. Through funding Idemitsu, JBIC are clearly breaking their policy to not invest in the destruction of critically endangered forests.

“Given the impacts on the forest, farms, sacred sites, in addition to the greater impact of climate change, JBIC must divest from Idemitsu” said Akira Harada, JATAN spokesperson

“The impacts of these mines will not only destroy the forest but cause everlasting damage on the fertility of the surrounding farmland” said Meret MacDonald, LFA spokesperson.
Further Information:
Meret MacDonald
Leard Forest Alliance Spokesperson
0402 017 027

For Japanese Comment:
Akira Harada
Japanese Tropical Forest Action Network Spokesperson
0498 264 406

Japanese translation of this media release will be available later today.

Twitter updates @FLACCoal and #LeardBlockade

For translated media release:

JATANaction2sept

An alliance of ten non-government organisations  has called on the Baird Government to order a halt to work on the Whitehaven open-cut coal mine  at Maules Creek, NSW, and a carry out a complete audit of the approvals process, following  revelations from the Independent Commission Against Corruption (ICAC) regarding former owner Nathan Tinkler, detailed in Crikey yesterday.

ICAC has heard allegations that Nathan Tinkler, the owner of the Maules Creek mine during most of its assessment phase, attempted to buy influence with politicians using prohibited donations to subvert the planning process in relation to a number of developments, including a proposed coal terminal in Newcastle and a sub-development in North Richmond.

The Maules Creek mine was the first mine in the state in which the community was banned from appealing the approval on its merits, and was approved after disgraced former resources minister Chris Hartcher cut short the Federal Assessment by leaking a market-sensitive letter to the press.

The community has objected to the mine’s impact on thousands of hectares of critically endangered forest and on water resources in the State’s food bowl as well as its potential to contribute to global warming.

“Given the apparent willingness of Nathan Tinkler and his associates to pay politicians and cut corners in relation to multiple developments, Mike Baird must hit the pause button on the The Maules Creek coal mine until community confidence in the planning process is restored,” said green group spokesperson Blair Palese.

“This coal mine approval involved multiple failures of process, including flawed offsets, a refusal to hold Whitehaven accountable liable for land rehabilitation, no right to appeal and barring the traditional owners, the Gomeroi people, access to their sacred sites,” Palese said. “The NSW Government has intervened in this project a number of times to smooth the way for Whitehaven,” said Palese. “They must now heed the public outcry and ask the Director General to do a full inquiry. The project must be put on hold immediately.”

The mine is now owned by Whitehaven Coal, chaired by former Aston Resources chair Mark Vaile and managed by former Patinack Farm director Paul Flynn. The original application for the Maules Creek mine was lodged in 2011 by Tinkler’s Aston Resources and received federal approval on February 11, 2013, when Nathan Tinkler held a 19% stake in the company.

A treasury official told ICAC last Friday that he was not convinced that Buildev wanted to build the coal terminal, but rather wanted to bump up the value of the Maules Creek mine by proving a capacity for vertical integration.

For further comment:
Blair Palese
Leard Forest Alliance Spokesperson
0414 659 511

Twitter
@FLACCoal and #LeardBlockade

These photos show all of the work done within the Maules Creek mine site to date. What’s most alarming is that this is only roughly 1/7th of the forest that is to be cleared. While it may be daunting to to see what has already been done, it is a reminder of how much more there is still to do.

Through civil disobedience we have already significantly delayed this project. According to the Australian, Whitehaven were originally scheduled to be in digging for coal by the end of 2012 and exporting at the start of 2013. Now, at this crucial part of construction, Whitehaven Coal are exhausting their funds, without any coal being produced, meaning this is the perfect time to stop them in their tracks.

If you have been contemplating coming out to the #LeardBlockade, now is the time. For more info on how you can put an end to this destruction go to leard.frontlineaction.org/getinvolved
Enough is enough! come out to the #LeardBlockade and help make history 🙂

Michael Caton visited Camp Wando and the Boggabri open cut coal mine yesterday. His visit comes as part of a tour of coal and CGS affected communities in North West NSW. Mr. Caton came to show his support for Cliff Wallace and the campaign to save the Leard Forest.

Mr. Caton comes from an area wrecked by the mining industry so has witnessed first hand the devastation caused by mining companies. He commended the efforts of Cliff and Frontline Action on Coal “Cliff is a beacon of light to everyone fighting for justice. His determination and stubbornness is inspiration.”

Leard Forest Alliance spokesperson, Elise Chatterton, said “We are thrilled to receive encouragement from yet another high profile Australian. He joins the many thousands of diverse individuals who have come to be a part of this historic campaign.”

After attending a film screening in Narrabri on Friday night, Mr. Caton’s next stop will be the CSG threatened community of Dubbo.

Further Information:
Elise Chatterton
Leard Forest Alliance Spokesperson
0422 311 131

Twitter updates @FLACCoal and #LeardBlockade

Leard Blockade have been busy over the last three days at AgQuip, the biggest Agriculture show in the southern hemisphere, providing information and support for the farming community alongside the North West Alliance. Special guest, and exciting new friend of the alliance, Michael Caton (from ‘The Castle’), was a great support, helping with the interaction between the campaign and local communities. The actor comes from an area affected by coal mining and CSG so he easily related to the farmers and the struggles they are facing. The atmosphere was brightened by live music from Luke Vassilis and Paul Robert Burton. Some very talented face painting artists from Leard Blockade kept kids of all ages entertained.

While lots of fun was had, the three days was mostly spent connecting with local farmers, and listening to stories of farmers from areas already devastated by coal and gas mining, and their struggles dealing with overbearing coal and gas companies unsupported. Their message was clear- we need to stop these mines before more communities are divided and more lives are ruined.

GOMEROI TRADITIONAL CUSTODIANS PRESS RELEASE

“If it is not bad enough that Whitehaven Maules Creek have failed to allow access to Gomeroi burial sites and sacred sites important to our elders and community; they have now brought access to other sacred sites for ceremony at sites managed by the Idemitzu Boggabri Coal to an abrupt halt and days proposed have had to be cancelled.” Gomeroi Elders combined statement.
A hurtful turn of events by Whitehaven has placed access to two sacred sites at an abrupt halt because Whitehaven are joint venture partners with Idemitzu Boggabri Coal and ‘landholders’ of lands at specific sacred sites. Idemitzu Coal have been working collaboratively with the Elders and Gomeroi Traditional Custodians community to enable access to our sacred sites and have found themselves hogtied by their co-landholder Whitehaven Coal resulting in the cancellation of proposed access days.
What makes this approach of Whitehaven so distressing and shameful is that while our Elders and community were reeling from the cancellation of multiple sites access for ceremony because of Whitehaven’s apparent ‘inability to even respond to the simplest of enquiries’ for permission by their joint venture partner -Whitehaven’s CEO Paul Flynn is quoted on the radio Wednesday 13 August 2014 promoting himself and Whitehaven as respectful and committed to the needs of Aboriginal people and promoting themselves as having provided access opportunities to our burial sites and sacred sites for our people.
We were simply shocked and disturbed that these outrageous and disgraceful statements were made by Whitehaven’s CEO on ABC radio. We are not sure what the definition of “misleading the public” or “misrepresentation of the truth” means to the average Australian or how it is defined by Whitehaven’s CEO. When we heard the interview of Mr Flynn, we were simply taken aback and confused at his statements as this is not the painful, lived experience of our Elders and community trying to gain access through his company.
We have spent over 4140 hours by more than 181 Elders and community over the last 9 months and more than 35 letters of request and media releases and appeals for Department of Planning and Infrastructure intervention to secure access to our burial sites and sacred sites for ceremony. To date we are still being refused access to our burial site and sacred sites at Whitehaven Maules Creek instead being offered to go elsewhere. We cannot understand why a ceremony so important to us cannot be scheduled into Whitehaven’s construction schedule. We are only asking for about 60 to 90 minutes at any particular sacred site to undertake ceremony. Surely the rostered days off and lunch breaks of staff could be managed to allow for access.
The Gomeroi Traditional Custodians have been negotiating with Idemitzu Boggabri Coal for several months to have access to sites of significance for the purposes of ceremony. Three of five sites have been agreed with two ceremonies taking place Today and another one on Friday. Two other sites requiring ceremony have been cancelled and have resulted in a significant setback.
This set back is because the sites are unfortunately located on joint leased lands by both Idemitzu Boggabri Coal and Whitehaven. As a result despite contact by Boggabri who have advised our Elders in writing that they do not identify any un-mitigateable impediments to accessing these sites have stated that Whitehaven have failed to respond to their request for access therefore permission to access these sites cannot proceed.
We were very upset and troubled to find that Whitehaven have any involvement let alone ‘ownership’ of these two sites as the experience of accessing other sites on identified project leases of Whitehaven have been denied.. We fear the most basic of human rights are being violated. If Whitehaven have a scheduled date claimer of when we are to be able to access our sacred burials and sites we certainly want to see it. Otherwise Mr Flynn’s comments just feel like (yet again) the Hans Christian Anderson fable of The Emperor’s new clothes…… We simply ask…when will this company be made accountable? Does the Australian and NSW government believe this is reasonable? Does the average Australian believe this is not discrimination and corporate bullyboy tactics at its most shameful?
As a last resort we have lodged a formal complaint to the NSW Antidiscrimination Board with 155 complainants signing the complaint against both Whitehaven Maules Creek and their construction contractor Leighton’s Holdings for discrimination against our people being able to undertake spiritual ceremonies on the basis of Ethno religious discrimination. We believe the conciliation and tribunal determination of human rights violations process is the only way that Whitehaven will be made accountable.
Further Comment
Dolly Talbott
Gomeroi Spokesperson
0413131983
[email protected]

The Leard Blockade continues today with a group of concerned citizens from the Leard Forest Alliance and Blue Mountains Conservation Society blocking access to Whitehaven’s Maules Creek Mine Site. Fourteen people are preventing trucks from entering the premises as an expression of distress regarding Whitehaven’s destruction of the Leard State Forest, and are calling for an immediate halt to work.

Speaking from her place blocking the road, Blue Mountains Conservation Society spokesperson and grandmother of 8, Robin Mosman, 73 said “We are taking action today because we are deeply concerned about the impact Whitehaven’s clearing is having on native fauna and flora. Additionally, as conservationists, we are extremely concerned about the effect of coal mining on climate change”.

The Leard State Forest contains the largest remaining intact area of critically endangered Grassy White Box Woodland on earth. Great controversy surrounded Whitehaven Coal’s clearing of it in winter, which abruptly stopped due to the pressures surrounding a court case. Construction blasts at the site however have been ongoing, with Operational blasting expected to commence this week.

Leard Forest Alliance spokesperson, Elise Chatterton, said “Continued obliteration of Australia’s precious forests is simply unacceptable. With every day that passes, new revelations come to light about this increasingly tainted company. Just this week, an engineer working for Sedgman LTD, the company constructing the Maules Creek mine, was found to be phony. We are calling for an immediate stop to all work, pending a proper investigation into Mr Shirtcliff’s involvement into the construction of this mine.”

Ms Chatterton added, “Blasting near habitat trees during winter nullifies Whitehaven’s agreement to postpone clearing until after September in order to protect native wildlife. It’s totally unacceptable and extraordinary; another example of Whitehaven bending the rules for their short-term profit. We won’t be going away. This battle is going to keep on raging.”

Further Information:
Elise Chatterton
Leard Forest Alliance Spokesperson
0422 311 131

Twitter updates @FLACCoal and #LeardBlockade

Leard Forest Alliance Media Release 10 August 2014

More scandal plagues Whitehaven’s Maules Creek Project. The Brisbane Times today reveals a fake engineer, Gerald Shirtcliff; who worked on Christchurch’s collapsed CTV building, killing 115 people, also worked on critical infrastructure for mega coal mines including Whitehaven Coal’s Maules Creek Project. There must be an immediate stop work on the Maules Creek Project while Whitehaven Coal conducts an urgent review of work undertaken by Shirtcliff.

On June 12, Shirtcliff plead guilty on 146 charges, including carrying out professional engineering services while not legitimately registered as an engineer. As a fraud Shirtcliff worked on projects for major engineering firms Woley Parsons and Sedgman.
Since March 2011, Sedgman Ltd has held the $18m contract for the design and production of the Coal Handling and Processing Plant (CHPP) for Whitehaven Coal’s Maules Creek mine. The Maules Creek CHPP is in the process of being constructed on site. Work on the CHPP must stop for investigations into its safety.

Leard Forest Alliance Spokesperson Meret MacDonald; “Lives depend on getting this engineering right. Whilst Whitehaven has been happy to cut corners in this project, surely they are not prepared to put lives at risk. There must be a stop work order placed on this project”

“Every step of the Maules Creek Project approval process has come under question. As shown in the the Senate Inquiry into Offsets, Whitehaven has a history doing a dodgy job. Shirtcliff’s connection to this project is yet another case of Whitehaven not being up to scratch.”

“This is what happens when coal companies are run by ex politicians rather than professionals who know how to safely operate a mine in a highly sensitive area.”

“In light of the ongoing scandal at every step of the Maules Creek approval the Leard Forest Alliance is calling on an audit of the approval process. In the wake of ICAC, more Australians should be calling for a Royal Commision into the corrupt influence of coal on Australian politics.” said Ms MacDonald

Further Comment
Meret MacDonald
Leard Forest Alliance Spokesperson
0402017027

Twitter updates @FLACCoal and #LeardBlockade

Media Update 11/8/2014

Today, a group of over 30 people have held a dance party with a human disco ball shutting down the Whitehaven Coal haul road in an act of ‘Civil Disco-bedience’. This action marks the second year anniversary of Front Line Action on Coal’s Leard Blockade camp peacefully fighting the biggest coal mine under construction in Australia, Whitehaven Coal’s Maules Creek Project.

The Maules Creek coal mine is set to destroy large sections of the Leard State Forest whilst draining the water table, degrading farmland and the coal, once burnt, will be a significant contributor to catastrophic climate change.

Leard Forest Alliance spokesperson Meret MacDonald said, “Whitehaven’s mine should never have been approved. A cloud of corruption hangs over coal approvals in this state, exposed by the recent ICAC investigations which resume this Wednesday. We are calling for a royal commission into the approvals process and revoking of dodgy mining licenses, like Maules Creek, in NSW.”

Phil Evans, Leard Forest Alliance spokesperson added, “We need more than Baird Government words and buck passing. These mines should never have been approved by the previous corrupt government. We call on Planning Minister Pru Goward to show to us she is above corruption, and revoke the approval for the Whitehaven Coal’s Maules Creek project.”

Today’s action saw people dance to the tune of The Beegee’s Staying Alive, whilst an acrobat dressed as a disco ball hung from a tripod blocking coal trucks on the haul road into the Tarrawonga coal mine near to the Leard State Forest. The Leard Blockade peaceful protest camp has generated a massive groundswell of support across the country of people wanting to protect farms, forest, community, culture and the climate. 243 people have been arrested this year.

Ms MacDonald added, “The last two years have seen not only huge numbers, but an incredible diversity of people that are finding civil-disobedience not only their duty, but a necessity to say no new coal”

Mr Evans affirmed the intention to continue the fight to the end saying, “We are not going anywhere. The Leard Forest Alliance is in this for the long haul, and we won’t rest until Whitehaven are stopped from destroying this unique, irreplaceable area.”

UPDATE 8AM: The band continues to pump out disco tunes on the haul road, police are in attendance and full time ‘disco’ mum, Emily Currey, 22, is perched in a tripod structure blocking coal trucks from entering and exiting Whitehaven Coal’s Tarrawonga mine.

UPDATE 8:45AM: Police Rescue have arrived and begun to assess the situation. Emily Currey remains in the tripod blocking the road as band Butter Nut Thing continue to play disco tunes.

UPDATE 10AM: A cherry picker has arrived on site, Emily is still blocking coal trucks on Whitehaven Coal’s haul road.

UPDATE 11AM: Emily has been arrested and taken into custody.

UPDATE 12PM: The Civil Disco-bedience party has moved on to Whitehaven Coal’s office in Boggabri.

UPDATE 5pm: After a very long day, Emily is safely released from police custody and charged with hinder to mine, and trespass charges.

Further Information:

Meret MacDonald
Leard Forest Alliance Spokesperson
0402 017 027
and
Phil Evans
Leard Forest Alliance Spokesperson
0490 064 139

Pictures available from https://www.mediafire.com/folder/kuz1gwh9z5rb2/Civil-Disco-bedience

Twitter updates @FLACCoal and #LeardBlockade