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 One man approves his own project, another man's dream dies 

One man approves his own project, another man's dream dies

25 Jun, 2010 07:24 AM
In a valley near Lithgow, moments down the track from the Gardens of Stone National Park, John Munzer once brought his son to his father's farm and taught him to shoot rabbits in the rich pastures and catch yabbies in the creek.

Munzer's father has died and the farm is his but, he says, the creek has dried up and the pasture is no longer fit for cattle. He is also locked in a dispute with the new neighbour, the Invincible coalmine.

The dispute is hardly unique - farmers and mine operators are often at loggerheads about land use. Munzer says the mine has spoiled his pastures and water.

He has gathered evidence that appears to show the mining company has blasted the walls of the mountain overlooking his farm outside legal operating hours and failed to properly monitor the dust and noise on his property.

But the thing that really stands out in this dispute, critics of mine regulation say, is how clearly it demonstrates faults in the approvals system in NSW.

The mine is owned by a company called Coalpac, which in turn is part-owned by a local businessman, Noel Craven.

The environmental impact statement supplied as part of the mine's approval process was prepared by a Lithgow firm, Craven, Elliston & Hayes, and written by the same Noel Craven.

Perhaps not surprisingly, the assessment found that, ''the impacts will be well within acceptable criteria''.

Craven, a qualified mine surveyor, concedes there is a potential for a conflict of interest arising from him preparing an environmental impact statement for his own mine but stands by his reputation. ''A professional person has an obligation to the world at large. Whatever they do has to be done right.''

But, he notes, ''you don't even have to be qualified'' to write an environmental impact statement for an open cut mine.

''Is that a problem?'' the Herald asked. ''Well, it's not a problem for me,'' he said.

The state government is adamant that the relationship between a mine and the author of an environmental impact statement is irrelevant, because all the supporting material is rigorously checked.

''This is the same process followed by local councils for development applications they assess,'' says a spokesman for the Minister for Planning, Tony Kelly.

But the Herald has spoken to several environmental consultants who say they routinely play down the damage that mines might cause to sensitive environments because they know they simply would not get more work if they did not.

''You can predict the subsidence impacts quite well and say before, with a high degree of accuracy, what will happen,'' says one consultant with 15 years' experience.

''Then, when it does happen down the track, and you get the swamps drying up because of cracking, the response is always that it can be successfully remediated but more studies need to be done.

''And the company can … point back to the original assessment and say there was a possibility of damage but they weren't sure. Then the whole thing starts again for the next mine - anything to downplay the impact.''

Kirsty Ruddock, the principal solicitor at the Environmental Defender's Office, says the lack of regulation in the area ''raises real issues about whether the scientific assessments are rigorous and independent''.

She says another shortcoming environmental assessment system is that there is no process to accredit environmental consultants. Nor is there a body that deals with complaints about such work - unlike in areas such as health or law.

Munzer has had enough. He has given up on his retirement dream of building cabins for tourists on his farm and now he just wants to sell it to Coalpac.

As part of the consent given for the mine, Coalpac was directed to buy his farm if he chose to leave. But, despite two years of negotiations, they have yet to agree on a fair price.

For now Munzer is stuck with the mine.

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Date: Newest first | Oldest first
Inadequate management of mine approval, inadequate air quality controls, inadequate dust monitoring, now add inadequate environmental assessment.
Posted by laboring, 25/06/2010 2:25:55 PM, on The Land
Don't be surprised if the disgraced former NSW Labor Mining Minister Ian Macdonald is involved somewhere in this one too.
Posted by Totally Cheesed Off, 25/06/2010 11:03:21 PM, on The Land
I would not be surprised at all if Sir Lunchalot was in on it.
Posted by High Country Gent, 28/06/2010 7:52:34 AM, on The Land
What hope is there. The Libs would do away with the whole process if they could, as miner owners are their friends. Could vote greens HA!! not likely
Posted by Farmer Dave, 28/06/2010 10:55:47 AM, on The Land
I understand Farmer Dave's concern. Labor is a disgrace - Lib/Nats seem to be no better. However, I don't know why Dave says 'Greens not likely'. Does he have a valid reason for dismissing the Greens or is his reaction like the opposition to the nuclear power debate - "don't want nuc power but don't know why"? I believe that we should now able to build nuclear power stations that would be truly safe with disposal of waste also absolutely safe. There would then be little or no need to continue the destruction of our rural lands for the once-only return from coal mining. Farmer Dave, there is hope if we just rethink our priorities.
Posted by normandy, 29/06/2010 9:30:50 AM, on The Land
Sorry state of affairs. Current Premier signed the approval. Accountability comes to mind. Coalpac apperas to be deceitful. They had a Judgement against the in 2008 for breaches of the approval. Thought they would have learned from that, a $200,000 fine. It appears they are under investigation from the DoP, DI &I and DECCW. Coalpac should just pay up.
Posted by afflicted, 5/07/2010 5:35:34 PM, on The Land
Say it louder, Farmer Dave! Shout it from the rooftops! "Could vote greens HA!! not likely" - who could honestly put their tick on the greenbox & expect a sensible outcome? The greens only have one agenda: stop farming; stop manufacturing; stop mining; stop transport; stop fishing; anyone see a theme happening here?
Posted by Not happy Jan..., 8/07/2010 1:20:16 PM, on The Land

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Given up ... John Munzer, left, on his property with his brother Garry. Munzer says he can no longer farm there and wants to sell the land to the company mining neighbouring land. Photo: Edwina Pickles
Given up ... John Munzer, left, on his property with his brother Garry. Munzer says he can no longer farm there and wants to sell the land to the company mining neighbouring land. Photo: Edwina Pickles
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