Mining Laws of NSW

AnneMariePortrait-1

 

A guest post by local Maules Creek community worker and horse trainer Ann-Marie Rasmussen, who yesterday backed up her words by suspending herself from a tree in the Leard Forest, holding up bulldozers clearing the forest for seven hours.

 

 

There is a booklet that has been published called “Mining Laws in NSW”. It is funded by the government through the Environmental Trust and Environmental Defenders Office, supposedly to help people understand the law so they can protect their interests and those of the environment.

The booklet cleverly disguises the fact that when it comes down to the nitty gritty, the community does not have a leg to stand on and the environment is offered no protection whatsoever.

Well perhaps not so cleverly disguised – it states that ‘the office of Environment and Heritage OEH plays a role in granting permits to the mines; to damage or destroy Aboriginal cultural heritage’.

The Environmental Protection Authority (EPA) is responsible for issuing permits to pollute, these permits are known as (wait for it) Environment Protection licenses .

The Office of Water is responsible for issuing licenses to ‘access water and interfere with aquifers’.
Underneath this section of the booklet it also states that the ministers responsible for the relevant acts can change as can their titles and the names of the departments.

It sounds very much like a means to pass the buck when someone wakes up to the hypocrisy of it all.

OK, people change positions; but why change the name of a department? It can only be to make it more difficult to hold someone in government responsible long-term for the damage their decisions cause and to make it harder for concerned citizens to get some answers.

The government is in the process of law reforms that will make it even easier for mines to have their own way.
One that I find really disturbing is that some of the coal and CSG developments may qualify as “designated developments” and may be assessed by the local councils. This, to the uninitiated, may seem like a good thing as local is close, but in truth it is not.

The local communities in country areas are not keen on standing up and defending their rights for many reasons. Communities are divided due to the short-term benefits with jobs and donations, scholarships and the buying out of affected landholders. Landholders who have benefited financially by selling also have to sign a clause not to speak against the mines. This makes it easy for short sighted councillors to vote in favour of the mines.

We have seen this here in the Maules Creek area, where the mines gave advance payment to councils that have funded heated indoor pools, health centres and they support local sport, events and camps. Events like campdrafting have had donations to the sum of $30,000. The mines know the importance of winning locals over with generous donations that they can easily afford as long-term the mines have much to gain.

The booklet on mining law; rather than giving one the impression that the environment,water and the long-term welfare of Australians is protected; tells another story that is very disturbing.

The Strategic Land Use Policy is another example, it has three key components.
1. Strategic land use plans (SRLUPs)
2. Aquifer interference policy ;and
3. Code of practice for Coal Seam Gas Exploration

Let’s have a look at them. SRLUPs provide an overview of each region and will develop plans for each region the mines are interested in. They are looking at making plans for Central West, Southern Highlands, Murrumbidgee, Alpine and Western regions, as well as existing ones. Those plans are for areas that are now and future regions that will be affected by mining.

Despite it being said that SRLUPs have been brought into existence to protect high-quality agriculture land, the policy does no such thing. It states that SRLUPs define and map agricultural land but major mining and CSG proposals that qualify as state significant development are not prohibited on these lands.

What that boils down to is that if the mine is big enough it will get the go ahead.

It also states that ; Mining and CSG activities are known to interfere with aquifers ,through penetrating the aquifer, taking water from the aquifer or obstructing the flow of the aquifer.

The government knows the risk mining imposes on our water yet still they do not listen to the concerns we have for our future. Still they make policies to protect the mines, not the people.

They have in place a Draft Interference Policy that literally tells the mines how to get the extra approvals giving them the permission to interfere with the aquifers. OUR WATER.

Then there is the code of practice for coal and CSG. Mines have been known to break the law frequently; this does not bother them as the fines that are imposed are small compared to what they gain by breaking any rules, regulations or laws.

If a landholder on the other hand should do the same in defence of their livelihood and way of life they gain nothing, but the fines they get can be crippling. In fact the law of this land in its underhanded and deceptive way states that any man or woman who dares to defend their land is labelled a criminal.

Maules Creek local is the latest to disrupt Whitehaven’s forest clearing

Leard Forest Alliance media release
MAULES CREEK March 3rd 2015

 

As Whitehaven Coal’s clearing for the controversial Maules Creek coal mine enters its third week, it has been disrupted yet again; Maules Creek community worker and horse trainer Ann-Marie Rasmussen becoming the latest person to suspend herself from a tree in the Leard State Forest.

Ms. Rasmussen is one of a number of local property owners who have been consistently against the Maules Creek mine. She said “the government knows the risks that mining poses for our water, air and ecosystems, and they create laws protecting the right of the mines to do so. Yet the law of this land states that any man or woman who dares to defend their land is labelled a criminal.”

In the last two and a half years, over 350 people have been arrested disrupting the construction of the Maules Creek mine.  Leard Forest Alliance spokesperson Andy Paine explains; “These people have broken the law knowing the consequences they would face, for no personal gain other than environmental protection. Yet at the same time, the ICAC inquiry has uncovered mountains of corruption within the government and mining industry that has led to very few prosecutions.”

Whitehaven have broken laws as well, but have paid fines and carried on business as usual. From the very beginning the Maules Creek mine has created controversy, beginning with Whitehaven’s predecessors Aston Coal failing to declare their political donations. Aston paid $20,000 in fines but the mine approval went ahead unquestioned.

Whitehaven’s other mine in the same region as Maules Creek, the Tarrawonga mine, has broken environmental regulations several times and got away with paying miniscule fines. In 2012, Tarrawonga polluted local waterways but paid just a $6000 fine, while last year the same mine exceeded its coal limit by 136,000 tonnes and was fined a paltry $15,000 – one-thousandth of the amount they earned from the excess coal.

Ms. Rasmussen said that this illustrates the hypocrisy of the law when it comes to mining. “Mines have been known to break the law frequently. This does not bother them as the fines that are imposed are small compared to what they gain by breaking the law. If a landholder should do the same they gain nothing, while the fines they get can be crippling.”

For further information:

Ann-Marie Rasmussen
Leard Forest Alliance Spokesperson
0411 199 043

Andy Paine
Leard Forest Alliance Spokesperson
0413 205 154

Follow updates on twitter @Flaccoal and #LeardBlockade

 

 

 

 

 

 

Bat Attack! Defend Habitat!

– article w/ Andy Paine & FLAC crew

From the 13th to the 18th of February, musicians, mischief makers and earth protectors from around the country converged on Maules Creek for a festival of resistance called Bat Attack.

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The musicians came from far and wide, and played amazing sets late into the night, but they weren’t the only feature of the festival, with direct action skillshares, planning for future resistance, and non-violent civil disobedience to disrupt Whitehaven Coal’s clearing of the Leard State Forest.

300 people marched down Leard Forest Rd on Sunday the 15th, which was the first day of Whitehaven’s forest clearing period. While they marked the death of a critically endangered ecosystem accompanied by the grim reaper, 12 people locked themselves to bulldozers inside the forest, stopping clearing for the day.

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There were also vigils in solidarity with Gomeroi traditional custodians, who have been refused entrance to their sacred and ceremonial sites for over a year and a half. We were there for support when the Gomeroi announced their intention to submit a stop-work order under the Aboriginal and Torres Strait Islander Heritage Protection Act in a last ditch attempt to save Lawlers Well, the last of their sacred sites within the mine lease that hasn’t already been destroyed.

And on the final day of Bat Attack, clearing was disrupted again. This time 5 people locking themselves together across the entrance road and 2 people suspended from trees within the clearing area.

Back at the campsite, skills were being shared and plans hatched to spread the front line resistance to coal mining across the country, from mines in NSW and Queensland to coal terminals, rail lines, and capital cities where the destruction of our communities, ecosystems and climate is signed off.

And there was music. So much music. Every night for 6 days, bands and artists from across the country played in an old shearing shed that sat by an even older tall tree in the center of a wide valley. All styles from punk to klezmer, protest to instrumental, from the newest bands to 40 year veterans Coloured Stone; who closed out the festival with an epic three hour set on the Wednesday night which had everybody dancing.

Bat Attack might have finished, but the resistance to the forest clearing went on. Since then, there have been regular actions protecting this endangered ecosystem. For over two and a half years at Maules Creek people have kept resisting the destruction of coal mining. The Bat Attack festival was a celebration of this defiance and a gathering of people committed to continuing it, both at Maules Creek and around Australia. And that’s really something to sing and dance about.

Thankyou to all the musicians who came and played, all the people involved behind the scenes (from setting up, to the kitchen, to Bat Attack radio), all the people who took inspiring direct action and to Steve, for hosting us on his beautiful green property. See you at the next one.

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Continued resistance against clearing

 

Leard Forest Alliance Media Release
-MAULES CREEK 27th Feb 2015

As Forest clearing continues for the controversial Maules Creek coal mine, so does the fight to stop it. 35 year old fisherwoman Christy Horton has suspended herself from a tree in the Leard State Forest, halting bulldozers.

Ms. Horton said “The Leard State Forest contains some of the last 0.01% of the critically endangered gum woodlands left in the world and it needs to be protected against coal mining. Whitehaven’s ‘offsets’ are a total sham, and in no way hold the same ecological value. They don’t even have to fill in the gigantic black hole that will remain”.

Ms. Horton is from the Whitsundays, where the Great Barrier Reef is another priceless natural asset under threat from the mining industry. Like the Maules Creek mine, the Abbot Point coal terminal has been condemned by ecologists due to inadequate environmental protection.

“The Leard Forest Alliance is calling on New South Wales Environmental minister Rob Stokes to come and see the ‘offsets’ Whitehaven are calling ‘like for like.’ He will see that this mine is destroying critically endangered woodlands that are completely irreplaceable.” Said Leard Forest Alliance spokesperson Roslyn Druce.

“If our governments are going keep selling out endangered ecosystems for mining dollars, then they should expect more people to take direct action against the construction of these mines.” warned Christy.

UPDATE: 1:17 pm Christy is down from the trees and has been arrested. On her way to Narrabri.

UPDATE: Christy is now safe and sound at home, “That was exhilarating! But painful to see the destruction first-hand, I urge anyone thinking of coming and helping, to just do it!” Said Christy.

Further Information:

Roslyn Druce
Leard Forest Alliance Spokesperson
0427 826 188
Dani Helyer
Leard Forest Alliance Spokesperson
0423 621 658

Follow updates on twitter @Flaccoal and #LeardBlockade

Bulldozers stalled again! Communities resist coal

Leard Forest Alliance Media Release
-MAULES CREEK 25th Feb 2015

Resistance to Whitehaven Coal’s controversial Maules Creek mine has continued today, with 3 people halting bulldozers from clearing the Leard State Forest. Andy Paine has suspended himself from a tree in the Leard State Forest where the bulldozers are currently clearing. Two women, Melissa Freer, and Kelly Purnell, have also locked on to tree-root systems in the forest.

Andy PAndyPainecropaine, 28, disability support worker

“The memory of what mining has done to my hometown has been one of the main reasons I have been involved in opposing this mine. I don’t want to see Maules Creek become just another rural community destroyed by the greed of the mining industry and our government.”

 

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Kelly Purnell, 25, community worker and horticulturalist

“This dodgy project will leave us with nothing but a hole in the ground, which they have no plans to rehabilitate. The economic benefits by which Whitehaven justifies this project are a farce, and I will not stand for it”.

MelissaFreercrop

Melissa Freer, 27, child-care worker

“People are dependant on this land for survival. It is time the government respected farming communities, indigenous communities, and our environment.”

 

Andy Paine grew up four hours south of Maules Creek in Mudgee; and has witnessed first hand the destruction that coal mining can cause to rural communities and forests.

“In the last 10 years, the place where I grew up has been irreversibly changed by the mining industry,” Andy Paine, Leard Forest Alliance Spokesperson and tree-sitter said. “The community of Wollar (near Mudgee) first was divided by the money of the mining industry, then destroyed to the point where it is unfarmable and unlivable. What was once a wonderful and diverse community is now a ghost town. The bush, that I grew up surrounded by, has been fenced off and bulldozed, with mining leases covering beautiful and culturally significant areas.” said Mr. Paine

Local farmers have long been against the mine, raising concerns about the destruction of critically endangered box gum woodland, the impact the dust and water usage from the mine will have on mining, and the effects of climate change from the 23 million tonnes of coal it is projected to produce every year.

“The mines are depleting our water, water that we need to live and work and it’s only going to get worse. Land devaluation is a real issue, people don’t want to live here.” said Maules Creek Farmer, and Leard Forest Alliance Spokesperson Rick Laird.

Whitehaven’s flagship project has been plagued with questions over dodgy forest offsets, misleading information and links to figures embroiled in ICAC anti-corruption hearings. The Leard Forest Alliance has been calling for a full inquiry into how the mine was approved by NSW and federal governments.

“We have seen real leadership from the 350+ people arrested opposing this mine. Although we are yet to see any leadership from our politicians. Communities across NSW have said not now and never again will we consent to have our homes and bushland destroyed by this dodgy industry that reeks of corruption” said Meret MacDonald, Leard Forest Alliance Spokesperson

This last week, 25 people have been arrested defending the forest from Whitehaven’s bulldozers that have permission to clear the “irreplaceable” Leard State Forest for the next 10 weeks.

 

Further Information:

Rick Laird
Leard Forest Alliance Spokesperson0427056418
Andy Paine
Leard Forest Alliance Spokesperson
0413 205 154
Meret MacDonald
Leard Forest Alliance Spokesperson
0402 017 027

Follow updates on twitter @Flaccoal and #LeardBlockade

UPDATE:

4.30pm
Two women continue to halt the bulldozers. Melissa Freer 27 and Kelly Purnell 25, are locked on to the root systems of trees set to be cleared today. They have been locked on for over 9 and a half hours stopping work, in high spirits and with no signs of giving up.

This morning, Andy Paine, scaled a tree and occupied the canopy halting clearing. At 1pm Police rescue attended the scene.

Follow us on twitter for updates @flaccoal and #LeardBlockade

Another week of agony for Gomeroi Elders

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Once again the Gomeroi Elders found themselves standing under the harsh sun by the side of the road, refused access to important sacred sites by Whitehaven. The continuous denial of access to these sites, that lie on their own country, is incredibly disheartening and frustrating for the Gomeroi who have fought hard for over eighteen months to work out a way to get in. Only a fortnight ago did Whitehaven bow to the Anti-discrimination conciliation process, and allow them access. Yet again, in contravention of this process they are denied their right to conduct ceremony on country.

Front Line Action on Coal members stood in solidarity outside the gate, while the Gomeroi attempted to negotiate with Whitehaven security in order to get on site. A treaty signed between Gomeroi Traditional Custodians and the Leard Forest Alliance includes an undertaking that no non-violent direct actions will be taken by the alliance on days when it could interfere with ceremony. This treaty reflects the mutual respect and support between the Alliance and Gomeroi, and is just one example where different and diverse sectors of the community have come together in order to stand up to this money-blind corporation.

This is not the first time Whitehaven have blatantly ignored the voices of those whose well-being and human rights they are undermining.

Despite the repeated blows by Whitehaven, Elders continue to show strength, need and passion to protect these crucial sites. Part of this hope rests on a legal action, that could protect Lawlers Well, an important site within the forest earmarked for destruction by Whitehaven. This week, the Gomeroi Traditional Custodians filed for a section 9 and 10 of the ATSIHP Act to save this one site that lies at the heart of the forest that Whitehaven plan to clear and then mine.

Protecting this site is vital for the preservation of Gomeroi culture, which like all indigenous Australian cultural sites and practices, have been desecrated since colonisation. Looking at this past, it should be clear – this sort of ignorance and neglect has to stop.

To take action in support of the Gomeroi go to http://leard.frontlineaction.org/save-lawlers-well/ [all the info is there but the website is under-construction]

 

Offsets Sham – Peaceful action continues to halt Whitehaven’s illegal clearing

Leard Forest Alliance Media Statement
-MAULES CREEK

Today, clearing of the Leard State Forest for the controversial Maules Creek coal mine has been disrupted for the fifth day in a row, with ecologist Tiffany Harrison today suspending herself from a tree in the Leard State Forest.

 

Ms Harrison, 27, said “Short sighted greed and corruption are rapidly destroying country, culture, precious life and ecosystems, which have existed for hundreds of thousands of years. Out of love and respect, we must fight against this loss, against this genocide and ecocide.”

 

Ecologists have for a long time criticised the approval process for the mine. The box gum woodland of the Leard Forest is listed as a critically endangered ecological community, and is home to 31 species listed as vulnerable. The clearing of the forest has already been postponed twice due to concerns over its effect on native fauna.

 

 

The ecological offsets for the project have also come under scrutiny. Whitehaven is required to preserve “like-for-like” areas to offset the clearing, but a study by ecologists Phil Spark and Dr John Hunter found that less than 5% of the proposed offsets represented “like-for-like” habitat. Instead, most of them were farmland that had been cleared and grazed. Claims that Whitehaven will rehabilitate the area have also been refuted, with estimations that it would take at the very least 50 years to do so, much longer than the 20 year lifespan of the mine.

 

Local Maules Creek community worker, Leard Forest Alliance Spokesperson Anne-Marie Rasmussen said “Any attempt to offset or rehabilitate the forest is a farce. It’s a logistical impossibility. You can’t just rehouse every animal from a forest, and they won’t survive the blasting, noise and the dust of a coal mine. Quite simply, that whole forest and all the threatened species in it will die.”
“Premier Baird and the state government must expect community resistance to every new coal project. Not now and never again will we allow these projects to destroy habitat, health and tear apart communities” continued Ms. Rasmussen

This comes a day after Mother and Daughter occupied the canopy halting bulldozers at the end of the first week of Whitehaven’s ten week window of forest clearing.  Over 25 people have been arrested in the last week taking peaceful action, the latest in two and a half years of community led resistance that has seen close to 350 arrests.

 

Further Information:
Anne-Marie Rasmussen
Leard Forest Alliance Spokesperson
0413 205 154

Meret MacDonald
Leard Forest Alliance Spokesperson
0402017027

Twitter updates @FLACCoal and #LeardBlockade

‘Never give up!’ Said Tom. Protest against Leard Forest clearing continues.

‘Never give up!’ Said Tom. Protests against Leard Forest clearing continue.

Actions continue today after a massive week of protest against the controversial Whitehaven owned Maules Creek Mine. 44 year old mother Juliet Lamont, and her 16 year old daughter Luca Lamont, have scaled a tree within the mine site to halt clearing of the Leard State Forest.

“The passing of my partner has been a massive driving force behind my need to get my priorities in order and take action against corporate and government disregard for our environment and future. Tom was the sort of man that was always about putting himself on the line for the greater good. He always believed in the need to keep fighting for our climate and for a just future,” said Juliet Lamont.

Tom Jefferson was a photographer with Greenpeace, he was in the making of an environmental documentary, when sadly, he passed away in the line of work. Tom was known to be a passionate and strong environmental activist, driven by the need to expose people to the truth about climate change and encourage them to take action.

Luca Lamont said “I’m scared for our future, and I feel we need to take a stand now. I’m mainly doing this for my Dad, I know how proud he would be.”

The action is the latest in a week of community led disruption of Whitehaven Coal’s clearing of the forest. It is the first week of a ten week window in which Whitehaven can clear what is some of the last intact critically endangered box-gum woodland left on earth.

“Even if it feels like a pointless fight sometimes and you feel like it’s not working, we need to keep fighting to the end and never give up, for only when you give up have you really lost,” said Juliet. She tirelessly continues work on Tom’s unfinished documentary.

UPDATE: Media Alert

Mother and Daughter arrested after over 20 hours in a tree

-22 Feb 2015 MAULES CREEK


Luca and Juliet Lamont were arrested and taken into custody late last night, after over 20 hours in a tree-sit occupying the canopy of Leard State Forest, halting clearing for the controversial Whitehaven Maules Creek project.

44 year old mother Juliet Lamont was given a fine, and her 16 year old Daughter Luca Lamont, a caution. They took action in remembrance of Luca’s father Tom Jefferson, a passionate and strong environmental activist, and documentary maker.

“Every minute of the tree-sit with my daughter Luca to protect the last of the Leard Forest was worth it because its the right thing to do, the only thing to do. All families who care about the future need to join the fight now.” said Ms. Lamont

Further information:

Juliet Lamont

Leard Forest Alliance Spokesperson

0427 770 726

Julie Macken

Leard Forest Alliance Spokesperson
0400 925 217

 

Twitter updates @FLACCoal and #LeardBlockade

Actions continue to protect irreplaceable forest

-MAULES CREEK

Actions continue after a massive week of protest against the controversial clearing of Leard State Forest for Whitehaven and Idemitsu’s open cut coal mines. Today, 14 people are occupying Leard Forest Road by sitting on the road and blocking access to the mine. They are calling on NSW Premier Mike Baird to put a stop to the clearing of State Forest that is taking place over the next ten weeks.

 

“If Premier Mike Baird does not end the senseless destruction of the precious remnant woodland of the Leard State Forest, he can expect protest and community resistance to any and all new coal projects in NSW.” Said Roslyn Druce, Maules Creek local and spokesperson for the Leard Forest Alliance.

 

This week, Whitehaven has commenced its second year of clearing in the Leard State Forest for the Maules Creek project. The forest comprises some of the last intact critically endangered box-gum woodland left on earth. The NSW Office of Environment and Heritage’s assessment of the project impacts has described the forest as “irreplaceable”.

 

“This forest is an essential ecosystem, home to many endangered species. We need to stop this now, and any other project that causes irreversible destruction to this degree. The greed of companies selling public resources has gone this far and it will never happen again” says Andy Paine, a Brisbane community radio-presenter, one of the people occupying the road.

 

Further Information:

Roslyn Druce

Leard Forest Alliance Spokesperson

0427 826 188


Twitter updates @FLACCoal and #LeardBlockade

Shenhua Watermark Gets the Gong- Rich culture and heritage to gaping hole. Food Bowl to Dust Bowl

 

Shenhua Watermark Gets the Gong- Rich culture and heritage to gaping hole. Food Bowl to Dust Bowl

 

Shenhua Watermark, a Chinese government owned company, is no doubt getting about the preparations for Chinese New Year.  A time many throughout the world are celebrating and also paying respect to their ancestors.

As Aboriginal and Gomeroi people we would normally be supporting these celebrations, but not this year.

While Shenhua Watermark are preparing to pay respect to their ancestors, they are also in the backrooms planning the destruction of our culture and heritage and harm to our ancestors.

Gomeroi people also find that our invitation to Mr Liux to meet with us and allow us to have access to our grinding groove sites for the purposes of undertaking ceremony has just been ignored.

“ Not even so much as an acknowledgement – nor an apology to say he can’t meet. He is disrespectful. The Gomeroi have a long history with many Chinese people and these interactions have been in the past pretty good….but this isn’t the case here with Shenhua.” Said respected Elder Uncle Dick Talbott

Uncle Lloyd Matthews said- The government are a disgrace- it’s shameful. There should never be an approval to destroy the grinding grooves sites and the destruction of the entire area.”

Government has turned its back on the bush, there is no vision for rural and regional NSW, there is no protection for Aboriginal culture and heritage. We have reached the tipping point

Our message to the government is this- you have allowed the Leard State Forest  to be destroyed – A peoples forest- and destroying critical aquifers and contaminating our water system. You have sat on your hands and allowed for the destruction of our culture and heritage- you failed us and continue to fail us.  Well never again- the fight is on. Shenhua Watermark is a mega mine which should never have been approved.

Aunty Del Jones said- “They need to understand what they will do to the water- we can’t live without water- they will turn the Liverpool plains from the food bowl to the dust bowl.”

Gomeroi people will meet at Wolsley Park today and are planning to send a message to Shenhua Watermark and the Chinese Government this morning.

We will not be backing down- Shenhua Watermark, you are on notice- We will not be sitting back letting you destroy our culture and heritage, our land and our water and the future for our children and all children.

 

Dolly Talbott – 0413131983

[email protected]

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