Special screening: Dendy Cinema, Opera Quays, Circular Quay

Monday, 18th January 2016 6:30PM followed by Panel Discussion ( details below)

This screening of BLACK HOLE brings the hot button issue of open cut coal mining in agricultural New South Wales to Sydney’s iconic centre, so city audiences can learn about a tragedy that is playing out in our country areas.

Maules Creek is at the far NorthEast tip of the famous Liverpool Plains agricultural region of NSW, adjacent to a critically endangered woodland and koala habitat, the Leard State Forest.

Three coal mines at the Leard Forest are bringing this agricultural region to its knees, with 66 adjacent farm properties having been bought out by the mines to date and agricultural production proven to be in decline as a result.

The Boganaire* Nathan Tinkler, now back in town and trying to promote another open cut mine at Dartwood NSW, infamously initiated the huge Maules Creek mine which is approved for 13 million tonnes of coal per annum, most of it going to Japan.

Currently under investigation by ASIC for fudging their coal forecasts, Whitehaven Coal and its neighbour Boggabri Coal 100% owned by Japanese Idemitsu Resources, are now preparing to exterminate another 500 hectares of the Leard Forest in February.

Despite their repeated breaches of conditions the mines are barely fined by the NSW Government and continue on their destructive path, even as coal prices continue to plummet.

The decline of agriculture, the human cost, risk to water aquifers, obscene destruction of Gomeroi aboriginal heritage sites, and the trajectory of extinction of a woodland listed as a critically endangered ecosystem, all foretell the desperate future of large swathes of NSW farmland and forests. At Breeza, in the heart of the Liverpool Plains, the Chinese government owned Shenhua coal is planning a repeat performance of the Leard Forest destruction and will destroy Australia’s most fertile farming soil.

BLACK HOLE feature documentary, released late 2015, is by Melbourne film maker Joao Dujon Pereira. Dujon spent several months living at the Leard Forest Blockade camp at Maules Creek documenting the travesty. The film depicts stunning cinematography of the region, and allows the voices of protesters and community to tell the story.

A coal pile is smouldering at the Boggabri coal mine, Maules Creek, 90 kilometres north west of Tamworth.

The Idemitsu Resources mine operates inside the Leard State Forest, a critically endangered white box woodland, and is adjacent to Whitehaven’s controversial Maules Creek coal mine.

Community members observed the spontaneous combustion from a vantage point inside the forest when they were 4-wheel driving.

“There was a steady stream of smoke from several places in the stockpile at the Japanese-owned Idemitsu mine,” said Pat Schultz, who conducts the Leard and Pilliga Forest Tours.

The fires were reported immediately to the NSW EPA which advised the community that Boggabri Coal management had been notified and an investigation initiated.

“Over 48 hours later the fires are still going, and no visible action by the company to quell them even though there is a full dam of water adjacent to the coal piles,” said Ms Schultz. “In fact there wasn’t a worker in sight.”

“If this is happening in mid-winter, with recent rain, obviously it shows what a risk open cut coal mines are. After the Hazelwood mine fire in Victoria, which burned heavily for weeks, one would expect the mine to be taking these fires seriously.”

Media Release 4.5.2015

The Federal Government’s National air quality standards review will be hearing about deeply worrying levels of dust in the 30 kilometre radius of affectation around the Boggabri and Maules Creek coal mines, according to a submission from Maules Creek community members.

“This submission includes accounts and photographs of daily coal dust haze, and regular nitrogen dioxide gas plumes, in the area,” said submission spokesperson Libby Laird. “Dust in rain water tanks and peoples’ water filters show that coal dust is spreading far wider than the mines care to admit.”

“When you drill down into the facts in our submission, you realise that the impacts of these mines and their approvals is breathtaking,” said Ms Laird.

The Maules Creek Community Council states that the Leard Forest mine complex will cause the deposition of 18,000 tonnes of coal dust in the surrounding regions annually, 20 km north of Boggabri town. This estimate has never been successfully challenged.

The submission focuses on the main source of air pollution from the perspective of the Narrabri and Boggabri communities, which is the open cut mega coal mines.

“We maintain that the wealth of our region is based on the health of people, families and communities. A healthy environment and clean air is critical to our future,” said Ms Laird.

“We need to monitor for the 2.5 micron particulate matter (PM2.5) which are said to be related to a host of health issues.”

“We need the air quality data presented in a meaningful way. We see larger particulates hanging in the air and the degradation to our local air quality. But we can’t see PM2.5 levels. And at an educational forum held in January at Maules Creek Community Hall, a doctor with expertise in impacts of coal mines on community health provided us with evidence that exposure to dust is dangerous. There is no safe exposure level without effects.”

By its own admission, Whitehaven Coal’s mine states in its Air Quality Assessment that Year 10 will be the worst year of the 21 year Maules Creek mine, when many local properties will experience dust levels way higher than the present National Air Quality standards.

“The mines may already be exceeding the National Air Quality Standards,” said Ms Laird, “we don’t know due to secrecy surrounding air quality data.”

“In 2012, the Planning Assessment Commission, in its review of the Boggabri mine expansion actually said that ‘more detailed modelling of the potential cumulative impacts would be ideal.’ We agree. But was their modelling done?”

Coinciding with the National Air Quality Standards Review, the NSW EPA is also pushing forward with a New England and North West NSW air quality monitoring plan to be funded by the coal promoters by a levy attached to their EPA licence. This is similar to the industry funded monitoring schemes in the Upper Hunter Valley and Newcastle.

However in a joint push-back by Idemitsu Resources and Whitehaven Coal via the Chairman of their Community Consultative Committees, John Turner, the miners are fighting to avoid this responsibility. They are asking the NSW Government to pay.

“Whitehaven Coal promised its shareholders that it will be Australia’s lowest-cost coal miner, and now it is asking the NSW Government to exempted them from the air quality monitoring levy,” said Ms Laird.

“It is absolutely necessary to protect the health of families in the North West. We ask that the EPA’s industry levy be imposed on the mega mine complex and that they ensure that the mines manage their operations to prevent any health impacts. Multinationals should not be allowed to get away with making the NSW taxpayers pay for their obligation.”

“We also ask that the EPA publish the baseline air quality standards for the region and we are writing to the EPA to ask for them to conduct an independent audit of air quality for Maules Creek.”

“When Boggabri Coal started up, traffic movements to the south on Manilla Rd went from 30 to 600 per day, and as a result many properties had to be bought up by the mine due to dust,” she said. “Now 66 former farm properties in the area are under mine ownership.”

“Leard Forest mining was always meant to be underground mining, if at all. Since coal was first surveyed, local wisdom always held that it was too expensive to mine and export coal from Maules Creek. It appears, this wisdom still holds.”

Further information: For the full Maules Creek community submission to the Working Towards a National Clean Air Agreement Review: https://maulescreek.org/news/

The Leard Forest mine precinct is located less than half an hour’s drive North East of Boggabri in the Liverpool Plains of NSW.

The surrounding regions of concern are a 30km radius of affectation from the current centre of the mines precinct stretching north to the Nandewar Ranges, west to the Pilliga, north west to Wave Hill, east to Wean (home of the famed Wean Picnic Races) and south past Boggabri.

The Leard Forest and its immediate surrounds are now the location of three coal mines, which are expected to operate for at least 21 years from today, and possibly longer. Together they will clear at least 5,000 ha of land.

National Clean Air Agreement – Submission Maules Creek Community

Media Release 23.10.2014

The decision made by the NSW Department of Planning today to deny Whitehaven Coal a special permit to clear for the Maules Creek coal mine during the sensitive spring/early summer period has vindicated community concerns of its environmental impact, Lock the Gate said today.

National coordinator for Lock the Gate Phil Laird said the stop work was a small victory in the long running battle.

“This now means that Whitehaven cannot clear any more forest for the Maules Creek coal mine until mid February 2015,” Mr Laird said.

“The decision shows that the community represented by the EDO NSW, was right in taking court action to prevent Whitehaven from clearing during the highly sensitive spring/early summer months when threatened forest animals are nesting or breeding.

“The Maules Creek mine sits in an area that is critically endangered bushland and the attempt to get a clearing permit during the spring/early summer months was inappropriate and unacceptable.

“It is a pity that it took the community to enforce what should have been a basic safeguard.

“Whitehaven had secretly sought to get the extraordinary clearing permit in order to push ahead with its plans to develop of the largest coal mines this country has ever seen.

“We congratulate the Secretary for planning Carolyn McNally for her decision to put the brakes on this clearing plan and we congratulate Planning Minister Pru Goward for standing up against the might of Whitehaven and enforcing the ban on spring/early summer clearing.”

Department media release – Leard Forest clearing banned during sensitive months – 2310-1

Media Release 23.10.2014

Maules Creek Winter Clearing Case continues

The proceedings scheduled for Friday 11^th of Oct 2014 in the Land and Environment Court have been held over to the 29^th of October to set a hearing date.

The case was brought by local community group the Maules Creek Community Council in relation to consultation and planning approval processes associated with changes to Biodiversity Management Plans for the controversial Whitehaven Coal Mine in Leard State Forest near Narrabri in NW NSW.

The disputed Biodiversity Management Plan (BMP) was submitted by Whitehaven Coal to clear large sections of the Leard State Forest outside previously approved times threatening endangered fauna species that was hibernating or breeding in the forest.

“There is no need for these changes” said Maules Creek Community Council spokesperson Phil Laird.

“Whitehaven Coal have indicated that their opencut coal project is on schedule and we have no idea why they have sought these changes as the public is getting mixed messages.

“We believe media statements made by the company completely contradict its need for the revised plan and we are calling on Planning Minister Prue Goward to reject the new clearing timetable put before her department.

“The community and the environment must rely on these approvals and so should the company.

“The corrosive effect of this mine on politics and public administration in NSW has added up to numerous corruption allegations, inquiries and court convictions. In the end someone needs to hold the line and it shouldn’t be up to everyday people to enforce planning approvals to protect the environment when a company changes its mind.

Record of Whitehaven spokesperson interview attached. (http://mpegmedia.abc.net.au/local/newengland/201408/r1316658_18175559.mp3  – 5 Min)

Attachment A:

On the 15th August 2014, Whitehaven CEO, Paul Flynn on ABC radio stated:

 Kelly Fuller, ABC:  Where’s the project up to now Paul, on your time scale, on your time frame?

 Paul Flynn, Whitehaven Coal:  It’s about um, it’s about 50% complete, so we’ve certainly said that first coal railed will be about March of 15 and we see ourselves well on track to achieve that.

 Kelly Fuller, ABC:  What’s the impact of stopping the winter clearing having on the project?

 Paul Flynn, Whitehaven Coal:  Ah nothing significant at all, no, we were ahead of our schedule, so we’ve well and truly covered ourselves in terms of being able to continue with the sequence of mining that we planned to deliver in March.

Media Release 11th September 2014

The NSW Government has indicated it has not yet made a decision on whether to approve or reject the revised Biodiversity Management Plan (BMP) for the Maules Creek Coal Mine.

The newly revised plan was provided by Whitehaven Coal to the Dept of Planning and Environment (DoPE) on the 27^th of August 2014 after legal proceedings had commenced.

“We agree that the NSW Government needs more time to properly assess the revised Biodiversity Management Plan, which had been sought by Whitehaven Coal for the Maules Creek Coal Project. The Maules Creek Community Council believes that this plan does not protect the threatened species which the plan is designed to do” said Phil Laird, spokesperson for the Maules Creek Community Council.

“The revised plan is inconsistent as it aims to start clearing the Leard state Forest in November when young native animals are likely to be slaughtered in their nests.

Whitehaven is asking the Department for a one off “exception” to allow the miner to commence clearing the Leard State Forest outside their normal clearing window without showing the environmental benefits of such an exception.

“The question is: Why is the miner applying for, and the DoPE considering, allowing clearing in spring for this year, when they accept that in the future it is not acceptable to clear at that time? Is the NSW Government changing the rules to allow unnecessary harm to threatened species to suit a coal mining company?

“We’re now calling on the NSW Government to go a step further and provide a guarantee they will not approve a revised plan that will result in unnecessary animal deaths until the full legal challenge has been heard and a judgement handed down.

The matter is set down for further mention on the 10th October 2014.

Media Release 2nd September 2014

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.

Below is a excerpt from a report provided to the Maules Creek Coal Community Consultative Committee regarding a proposed amendment to the Maules Creek Coal Mine Biodiversity Management Plan dated 9th July 2014 regarding the “Timing of Clearing”. Full Report here.

[Show as slideshow]

Photos of Whitehaven Clearing Campaign 12.6.2014

Background

MCCC is grateful for the opportunity to comment on Whitehaven Coal’s proposed Biodiversity Management Plan dated 9 July 2014 (Proposed BMP) for the Maules Creek Coal Project. For the purpose of this brief comment MCCC focussed on section 5.4 of the Proposed BMP relating to the timing of clearing, which reads:

5.4 Timing of Clearing

Subject to two exceptions, clearing of native vegetation will be undertaken in late summer and early autumn (that is, between 1 January and 30 April of each year in which clearing is carried out) in order to avoid key breeding or hibernation seasons for threatened bat and bird species known to reside in the Leard State Forest.

 The two exceptions are as follows:

1. Clearing of up to 163 ha of native vegetation is permitted between 1 November and 31 December 2014. This will ensure that as at 31 December 2014, there will be a sufficient area for coal extraction for six months (that is, for the period up to 30 June 2015); and
2. Minor clearing of native vegetation (less than 10 ha) is permissible outside of the period between 1 January and 30 April with the written consent of the Secretary of DP&E. Consent would only be sought in special circumstances where there is a management or environmental reason justifying immediate minor clearance of an additional area.

 Where clearing is carried out pursuant to these exceptions, fauna protection measures will be developed and implemented as appropriate.

 Other land disturbance activities (such as mulching, topsoil removal and the removal of regrowth in previously cleared areas) may occur year round.

MCCC sought expert ecological opinion on the proposed condition above. That expert opinion is contained in this comment.

Executive Summary

MCCC is gravely concerned about the impacts that clearing in spring and summer 2014 will have on the fauna known and likely to occur on the project site. The requirement not to clear during this period was designed and imposed to protect the particular relevant fauna. The BMP of June 2013 required that clearing predominantly be undertaken in late summer, early autumn. MCCC contends that the most appropriate interpretation of late summer to early autumn is beginning February to end April.

The Leard State Forest is a biodiversity hotspot that contains many species of fauna including threatened and endangered species of birds, reptiles and micro bats. These species are susceptible to being disturbed during periods of hibernation and breeding that occur over winter, spring and early summer.

The project approval has made extensive use of environmental offsets to protect the species within the project boundary. Hibernating or breeding animals will be unable to move away from the bulldozers or seek these offset refuges during the excluded period of winter spring and early summer which was the intended purpose of excluding such periods.

The two expert opinions received and summarised below, are that there will be serious detrimental impacts to the threatened birds and micro bat species contained within the forest under the terms of the Proposed BMP.

MCCC also contends that condition 5.4 of the Proposed BMP is not compliant with the Project Approval in that there are no express fauna protection measures proposed regarding when clearing does take place under the 2 exceptions sought. The BMP as anticipated under condition 52 of the Project Approval must include detailed description of the measures that would be implemented including the procedures to be implemented for… minimising the impacts on fauna on the site.

MCCC is of the understanding that revisions to the BMP are required to improve environmental outcomes and performance, in accordance with the Project Approval. MCCC contends, based on the expert opinions received, that the Proposed BMP, particularly in relation to the timing of clearing, does not improve environmental outcomes or environmental performance and that the proposed amendment will negatively impact on the relevant species. The primary purpose of clearing in the spring and summer period of 2014 is to facilitate Whitehaven’s desired schedule of mining and does not go to the comprehensive and responsible management of the Maules Creek Coal Project which involves the requirement to manage the biodiversity including minimise the impacts on fauna of the site within the Leard State Forest for the 22 year life of the project.

Maules Creek Community Council Inc

18 July 2014

Mr Daniel Martin

Environmental Manager

Maules Creek Coal

dmartin@whitehavencoal.com.au

Dear Daniel

 Further to the Blast Management Plan consultation meeting held on Monday 14 July 2014 at Whitehaven’s Boggabri office, the Maules Creek Community Council (MCCC) would like to request an extension to the closing date for comments on the draft plan.

As you’d appreciate the technical aspects of the blasting plan are quite complex and the possible impacts of blasting on the surrounding community and environment are significant and this may be the last opportunity for the community to be consulted on the impacts of blasting. The MCCC is not in a position to respond fully to the draft plan by the closing date of 18 July 2014 and would like to request a 28 day extension, with a proposed new closing date of 15August 2014.

This new closing date would enable full and proper consultation regarding the draft plan with the community. Consultation conducted to date does not appear to have been advertised to the all members of the community who may be impacted by the proposed blasting program and it is important that they are consulted and their feedback provided.

Specifically, the extension would enable the MCCC to more fully consider the science behind the blast management strategy, obtain independent technical advice on a number of areas of concern, including the placement of monitoring units, impact on residential buildings, health impacts of blast emissions and the impact of blasting on important species of local flora and fauna.

The MCCC would also like the opportunity to gain a better understanding of the interrelationship between the Maules Creek Coal Blast Management Plan and the Leard Forest Mining Precinct Blast Management Plan or the new BTM Complex Blast Management Strategy. To facilitate this understanding MCCC would like to receive a copy of the Precinct Blast Management Plan or BTM Complex BLMS and would like the opportunity to be briefed by and ask questions of Maules Creek Coal, Tarrawonga and Boggabri Coal at a joint community meeting during the consultation period.

Assuming in good faith that Maules Creek Coal grant the requested extension, a copy of the following documents are requested to enable ongoing assessment of the draft Blast Management Plan:

•      A PDF of the maps of Blasting Impact Radius for both Vibration and Overpressure/noise;
•      Historic blast data to date, including ground vibration measurements and overpressure measurements.

We appreciate your consideration of our request for an extension to the consultation period.

Regards

MCCC