MEDIA RELEASE - 7 April 2014

John Krey from the Bulga Milbrodale Progress Association addresses the media outside the Supreme Court of NSW

The Greens NSW spokesperson on mining Jeremy Buckingham today congratulated the people of Bulga on their win in the Supreme Court, which dismissed an appeal brought by Rio Tinto and the NSW Government.  He called on both appellants to now respect the decision of the court by dropping plans to expand the Warkworth coal mine and removing the SEPP amendment that prioritised mining over the community or environment.

“The Greens congratulate the community of Bulga and the Environmental Defenders Office on a fantastic and important victory in the Supreme Court today,” said Greens MP Jeremy Buckingham.

“The original Land and Environment court judgement was a landmark ruling that restored some rationality and balance to mining development assessments and it is significant that the Supreme Court of NSW has supported the judgment.

“Rio Tinto should respect the court judgements and the community of Bulga and abandon their plans to expand the Warkworth coal mine.  The original expansion plans were economically justified by a high coal price that has since collapsed.

“The NSW government should respect the Court’s judgement.  There should be no special legislation to overturn these decision and the government should repeal the recent planning instrument that made economic considerations the primary factor for coal mine assessment.

“This judgement shows the importance of communities having the ability to challenge assessment decisions.  This ability has largely been removed by the implementation of the process where the Planning Assessment Commission reviews its own decisions.  The Greens support the reinstitution of a merit appeal process with the Land and Environment Court.

“Without the Environmental Defenders Office, the community of Bulga would not have been able to defend their community.  Premier Barry O’Farrell should reverse his previous decision to strip the EDO of funding so that ordinary citizens and communities can be properly represented in our courts,” he said.

Contact: Max Phillips - 9230 2202 or 0419 444 916

MEDIA RELEASE - 15 January 2014

The Greens NSW spokesperson on mining Jeremy Buckingham reiterated his call for the O’Farrell government to implement the ICAC recommendation to cancel or expunge coal exploration licence 7270 (EL7270) at Doyles Creek after NuCoal made a submission that it should keep the exploration licence. 

“No one should benefit from a corruptly granted licence, nor should local farmers and horse studs be caused to suffer because of a licence that should never have been granted,” said Greens MP Jeremy Buckingham.

“Since the exploration licence was granted on Christmas Eve 2008 there has been a stench about it.  Investors in NuCoal should have done their due diligence and known the risk.  They should not expect the NSW taxpayer to bail them out of a poor investment decision.

“There is a significant crossover between major shareholders and directors of the Doyles Creek Mining company and the shareholders and directors of NuCoal.

“Restructuring and changing the company name from Doyles Creek Mining to NuCoal is widely seen as an attempt to distance itself from the controversy surrounding the decision to grant the exploration licence.

“Changing the company name does not mean corruption can go unpunished. It certainly does not give you the right to profit and mine coal from a corruptly created exploration license.

“This licence cancellation is a test of whether Barry O’Farrell is a premier or a plodder.  The people of NSW expect the premier will act to ensure corruption is not rewarded.

“The community has been fighting this mine and dealing with uncertainty for many years.  The farmers and equine industry of Jerrys Plains should not be punished to bail out risk taking coal speculators.”

Contact: Max Phillips - 9230 2202 or  0419 444 916

MEDIA RELEASE - 30 August 2013

The Greens NSW spokesperson on mining Jeremy Buckingham called on the government to immediately cancel the Doyles Creek mining exploration license which ICAC has found was only granted for the purpose of benefiting his mate, John Maitland and was subject to false and misleading information. 

“Barry O’Farrell must act and cancel this licence, which has now been found by ICAC to have been granted corruptly,” said Mr Buckingham.

“Section 125 of the Mining Act, gives the Minister the power to cancel a licence  ‘if the decision-maker reasonably considers that the holder of the authority provided false or misleading information in or in connection with an application or any report provided under this Act for or with respect to the authority’.

“The government should also act to ensure that no one benefits financially from the corrupt granting of this licence.

“This mine has had a stench emanating from it from the very beginning.  Those who have invested in this mine have taken a risk, and the taxpayers of NSW should not have to compensate investors who knew that this mine licence was potentially dodgy.

“This is an enormous win for the local community who have been battling this mine for many years now.  The government should end this saga and let the local people get on with their lives by cancelling this exploration licence.”

Contact: Max Phillips - 9230 2202  or  0419 444 916

MEDIA RELEASE – 23 December 2011

Greens MP and mining spokesperson Jeremy Buckingham has welcomed the decision by the Planning and Assessment Commission to reject Ashton Coal’s South East Open Cut Coal Mine proposal saying it is a hard earned win for the community and for the protection of the state valuable water resources.

Mr Buckingham said: “The community of Camberwell has been under siege from mining for years. This decision is vindication for those that have fought to protect their community who have always known that mining has a massive impact on community health. The Camberwell Common should be returned to the community and the Government should continue to support the proposal for a Camberwell Village Enhancement Strategy.

“This decision highlights the significant water system impacts of coal mining. The PAC has made it clear that the mine represented an unacceptable risk to the Hunter River System and the aluvial aquifers connected to it. This decision is a clear line in the sand - we cannot continue to allow mining to disrupt the water our community relies on for domestic supply and agriculture.

“Questions now arise about why the Department of Planning wasn’t able to see the impacts on the community and Hunter Regulated Water System.Their insistant support for the project despite concerns from the key technical departments within Government raises questions about its role in all planning assessments around mining. Is the Department of Planning there to support planning for the needs of the community or for multinational mining companies?

“This is a win for the community and they deserve all our congratulations for continuing the fight in the face of opposition from big mining and now successive governments. It is a win for the entire state when community health and water is put ahead of profits.”

Contact: Max Phillips - 0419 444 916

MEDIA RELEASE – 5 December 2011

Greens MP and spokesperson on mining said NuCoal’s decision to end mining exploration on Ian and Robyn Moore’s property highlights the value of the ‘Lock the Gate’ campaign of farmers and community to protecting their land from mining companies.  However NuCoal’s operations should be entirely suspended until the ICAC investigation into the granting of the initial licence has been completed.

“The Greens are very pleased that Ian and Robyn Moore’s fight to protect their farm has been won and shows the value in farmers standing up to the big miners and locking the gate,” said Greens MP Jeremy Buckingham.

“While one farm has been protected, many others are at risk from this coal mine and all NuCoal’s exploration activities should be suspended until the ICAC investigation is complete.

“It is a pity that the Moores have been dragged through arbitration, had to go to court, and faced such stress and uncertainty to get to this point.

“The Moore’s case highlights the need for the government’s Strategic Regional Land Use Policy to offer widespread protection for productive agricultural areas, water resources and sensitive environmental areas.”

Contact: Max Phillips - 0419 444 916

MEDIA RELEASE 1 December 2011

The Greens NSW spokesperson on mining Jeremy Buckingham has cautiously welcomed Minister Hartcher’s request to suspend NuCoal’s exploration activities around Jerrys Plains, including drilling on legally blind farmer Ian Moore’s property, until the ICAC Inquiry has reported.

“Minister Hartcher’s action on NuCoal, which will help protect farmers Ian and Robyn Moore’s property, is great news and a sensible decision,” said Greens MP Jeremy Buckingham.

“The NuCoal project has had a stench about it from day one, and the way it has forced its way on to farmer’s property against their wishes was alarming.

“Mr Moore’s fight to honour his pledge to his father to “look after the place” is highly commendable and deserves the support of government, even if this particular action has been initiated by the ICAC Inquiry.

“The recognition that NuCoal should cease exploration should not be just an ad hoc political fix, but hopefully signals a change in attitude to protect farms, communities and important environments from irresponsible mining activities.

“The law around mining access needs reform.  Currently it is geared towards facilitating access for mining companies.  The rights of landholders should carry more weight before the law.

“If Barry O’Farrell fails to act, the Greens will look at legislative options to give the above ground operations of landholders increased weight before the law.”

Contact: Max Phillips - 9230 2202  or  0419 444 916

MEDIA RELEASE - 30 November 2011

Greens MP and mining spokesperson Jeremy Buckingham has called on the NSW Government to suspend the Doyles Creek Coal Mine Exploration Licence and review mining access laws following yesterday’s Land and Environment court decision to grant NuCoal an access arrangement against the express wishes of legally blind farmer, Ian Moore.

“Yesterday’s Land and Environment Court decision highlights the fact that the current law in NSW puts mining companies ahead of the landholder’s rights and food security,” said Greens MP Jeremy Buckingham.

“Barry O’Farrell should step in to suspend NuCoal’s exploration licence and also review the law to bring back some balance and fairness to mining access agreements.

“NuCoal’s exploration licence is now subject to an inquiry by the Independent Commission Against Corruption.  Given the huge question mark over this project, the company should not be allowed to severely disrupt farming operations on the Moore’s property.

“Current law in NSW is geared towards granting access for miners in a situation of unequal bargaining power.  If Barry O’Farrell fails to act, the Greens will look at legislative options to give the above ground operations of landholders increased weight before the law.

“The result in the Land and Environment Court does set an important precedent with the agreement not to drill on the highly productive alluvial plains along the Hunter River.

“Despite this decision, it is not right that an individual landholder gets dragged through arbitration, and then has to take a mining company to court to extract the most basic allowances to protect agricultural land and the water supply that supports it.

“The Greens congratulate Ian and Robyn Moore for taking up this challenge to NuCoal and the unfair mining laws in this state,” he said.

Contact: Max Phillips - 9230 2202  or  0419 444 916