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On 5th February 2007 the NSW Government Minister for Planning announced an independent strategic inquiry into potential coal mine developments in sensitive areas within the Wyong Local Government Area, including the Dooralong and Yarramalong Valleys. An Independent Expert Panel was appointed to conduct the inquiry, based on the Terms of Reference.
Submissions were made to the Expert Panel from a wide ranging group of interested parties, including government and related organizations, interest groups, and the coal mining industry. In addition, there were 66 individual submissions from the community and 237 form letters.
Findings of the Inquiry
On the 17 December 2008 the final report on the Inquiry was publicly released. Key findings of the report and the consistency of the W2CP with these findings is summarised in the Table below.
| Key Findings of the Inquiry Report |
| Inquiry Report Finding |
Consistency of W2CP with the Finding |
| “…longwall mining is likely to cause subsidence-related impacts within the water supply catchments associated with Wyong River and Jilliby Jilliby Creek. However, because of the depth of the coal seams, this subsidence is unlikely to compromise in any significant way the water supply of the Central Coast, since the nature of the geology, geomorphology and depth of the coal seams make it unlikely that underground mining will result in a loss of surface water.” |
Confirms the W2CP position that surface waters will be protected. |
| “With appropriate mine planning, there is also little likelihood for deterioration in the quality of surface waters or contamination from hard rock saline aquifers.” |
Confirms the W2CP position that surface waters will be protected. |
| “There is a lack of information relating to groundwater in the Wyong LGA in general… However, based on the available data, while groundwater sourced from the Wyong River and Jilliby Jilliby Creek alluvial systems does make a significant contribution to the water supply of the Central Coast (estimated to be between 3.5 and 6%), any mining activity would not significantly impact on the existing groundwater levels or groundwater availability.” |
Confirms the W2CP position that groundwater will not be significantly impacted. |
| “In relation to the Wallarah 2 mining proposal, impacts arising from upsidence are likely to be minimal given the distance that mining is planned to stop short of the Wyong River. Given the wide and flat nature of the valley in which Jilliby Jilliby Creek is located, upsidence could also be expected to be minimal. Impacts arising from upsidence are also likely to be minimal because of the nature and thickness of the alluvial deposits and underlying strata.” |
Confirms the W2CP position that subsidence impact will not result in significant damage. |
| “..based on the information available, damage to water supply infrastructure is extremely unlikely to arise from either direct subsidence effects or far-field horizontal movements.” |
Confirms the W2CP position that water supply infrastructure will not be impacted. |
| “The WACJV submitted that, because of the shape of the Dooralong Valley, mine subsidence will result in little change in flood levels other than at the downstream end of the Valley. However, the Panel is not in a position to express an opinion on or conduct an independent review of these matters.” |
Detailed flood studies have been undertaken for the W2CP, and will be included in the Environmental Assessment documentation to be lodged with the Department of Planning. |
| “The Panel considers that there is a likelihood of some change in the distribution and extent of ponding, due to mining-induced subsidence. To alleviate any adverse consequences, effective mitigation and remediation measures should therefore be planned and implemented.” |
Mitigation measures are proposed and have been incorporated into the design of the Project and the WACJV’s commitment to protect the environment. |
| “The Panel considers that no mining causing subsidence of the Lake should be approved unless a high level of knowledge about the Lake’s ecology and hydrology (including seagrasses, tidal flows, currents, water quality and mixing) has been demonstrated and sufficient certainty and assurance provided to ensure that there would be no unacceptable adverse impacts on the Lake or its key values.” |
The WACJV are not proposing to mine beneath the Lake at this point in time. |
| “The impacts of mining-related subsidence on built structures can generally be adequately dealt with in accordance with the existing provisions within the Mine Subsidence Compensation Act 1961 which apply equally within declared mine subsidence districts and in all other areas of Wyong LGA and the State.” |
Confirms the W2CP position on the repair of damage to houses as a result of mining related subsidence. |
| “…it considers that rectification of subsided dwellings should elevate them to this level (at least 300 mm above the 1% AEP flood level) wherever that is feasible and is requested by the owner of the dwelling.” |
Mitigation strategies to deal with the issue of flood impacts on houses have been developed. |
| “There are existing environmental standards in relation to both dust and noise, and any mining proposal would be required to show compliance with those standards through the approval process.” |
Assessment for the W2CP determined that the project will meet environmental standards for both noise and dust and will be reported in the Environmental Assessment documentation. |
| “Existing standards for assessment and monitoring procedures for noise provide sufficient safeguards against noise impacts for new mine proposals.” |
Confirms the Noise assessment undertaken for the W2CP. |
| “Around 40% of the State’s installed coal-fired electricity-generating capacity is located within the Wyong and Lake Macquarie LGAs. The continued operation of these power stations with low input costs is a very significant benefit to the people of NSW.” |
The W2CP does not introduce a “new” industry to the LGA. |
| “The potential economic contribution of underground mining to the local, regional and State economy is significant. However, any economic contribution by mining will need to be assessed against the economic significance of employment and economic activity likely to be generated by the adopted economic growth scenario in the Central Coast Regional Strategy (CCRS).” |
The CCRS has been considered. |
| “All potential coal mining operations, regardless of location, must include a robust, transparent community engagement process.” |
Community Consultation has been undertaken through meetings, open days, media (radio, newspapers and internet) and newsletter distribution. |
| “Given the significance for the strategic future of the Wyong LGA of the potential social and economic impacts, full social and economic impact assessments should be required for any new mine proposal in the LGA.” |
Detailed social and economic assessments have been undertaken for the W2CP, and will be included in the Environmental Assessment documentation. |
In addition, the Inquiry report goes further to make a number of recommendations, which should apply to any future coal mine development within Wyong LGA, including the Wallarah 2 proposal. These recommendations have been taken into consideration by the WACJV in the final design of the Project.
| Recommendations of the Inquiry Report |
| Report Recommendation |
W2CP Addresses the Recommendation |
| “Increased focus should be given to risk assessment in the environmental impact assessment process, and that a rigorous, standardised risk assessment process be developed and implemented by relevant government agencies in consultation with affected mining companies, representative bodies and the community.” |
Detailed risk assessment was undertaken in accordance with AS/NZS 4360:2004 to identify issues, and will be provided in the Environmental Assessment documentation. |
| “Future coal mine proponents in the Wyong LGA should be required to demonstrate a strong commitment and systematic approach to keeping the community informed and responding to community concerns. Particular issues that need to be addressed by future mine proponents include: |
W2CP has been proactive in providing information to the community and listening to their concerns. |
| a) developing a trust relationship between the mine proponent and the local community; |
W2CP maintains significant and positive trust relationships with numerous landowners and stakeholders. |
| b) investing in relationships and an information sharing process with other companies and government agencies in order to gather accurate and consistent baseline data; |
W2CP has already demonstrated a willingness to share information with the provision of the detailed flood studies that have been used by the Wyong Council. |
| c) providing the community with accurate, high quality information; and |
Detailed information has been provided on websites, radio, newsletters, public meetings and discussions with individuals. |
| d) establishing processes to respond to and review community concerns or complaints.” |
All community complaints and issues have been considered and addressed as appropriate. |
| “The Department of Planning and other relevant approval agencies should require future coal mine proponents to provide evidence of a clear, transparent and accessible community consultation process through the preparation of communications and engagement plans. In keeping with a high quality, transparent process, these plans should specify the type and frequency of consultation activities and the resources allocated to enhancing community relationships and information across the various phases of the project, from the concept stage, through pre-lodgement, lodgement, assessment, post-approval and delivery." |
WACJV has achieved this recommendation throughout the planning phase of the W2CP. |
| “Any new coal mine project application should include comprehensive information concerning both the above-mentioned consultation and the potential social and economic impacts identified as part of the social and economic impact assessments." |
Detailed social and economic assessments have been undertaken and will be included in the Environmental Assessment documentation. |
| “Subsidence impacts from new underground coal mines within the Wyong LGA should be mitigated such that affected privately-owned dwellings will be in accordance with Wyong Shire Council’s Flood Prone Land Development Policy after mining is completed (either by impact minimisation or rectification), or otherwise subject to appropriate compensation." |
Subsidence and subsidence related impacts such as flooding have been assessed in detail by highly qualified specialists, and the findings of the assessments will be included in the Environmental Assessment documentation. |
| “That because of the significant environmental, social and cultural values of Tuggerah Lake and the potential for mining subsidence to impact on these values, no mining causing subsidence of the Lake should be approved unless a high level of knowledge about the Lake’s ecology and hydrology (including seagrasses, tidal flows, currents, water quality and mixing) has been demonstrated and sufficient certainty and assurance provided to ensure that there would be no unacceptable adverse impacts on the Lake or its key values." |
The W2CP does not propose to mine beneath the Lake or its foreshores under the current development application. |
| “Any new coal mining proposal that would impact on wetlands in the Wyong LGA should provide appropriate offsets to meet the ‘maintain or improve’ principle. Such offsets could include the creation of new wetlands where impacts on natural wetlands are unavoidable or unforeseen. The development of these strategies should be undertaken in conjunction with Department of Environment and Climate Change and Wyong Shire Council, in the context of their requirements for constructed wetlands and the broader restoration and development programs that are underway within the LGA." |
W2CP acknowledges that a variety of local and State listed wetlands occur within the Wyong LGA. Although W2CP will not impact on any significant wetlands, it supports the principle of using properly designed and constructed new wetlands to offset for any loss of wetlands, whether predicted or unforeseen. Further, W2CP considers that this wetland offset principle should be applied across all development classes and types with the Wyong LGA (including residential, commercial, industrial, subdivision, infrastructure, etc). |
| “The DECC should consider reviewing its current air quality standards, particularly the existing deposited dust standard, and establish new standards for smaller particulates to ensure that such standards are consistent with current scientific knowledge and community expectations." |
W2CP considers that the current air quality standards, particularly for deposited dust, have been demonstrated to be robust and continue to be generally in accordance with international scientific standards. In relation to fine particles (aerodynamic diameter less than 2.5 micron), very fine and ultrafine particles (sub micron), these are typically associated with combustion emissions such as power stations, certain manufacturing processes, motor vehicles and domestic wood heating appliances. Accordingly, the main sources of these particles are not emissions from coal extraction operations and W2CP makes no specific comment in relation to the recommendation regarding general air quality policy for fine particulates in the Wyong LGA or the DECC’s need to go beyond the nationally agreed goal-setting and reporting standards for PM2.5 particles in the National Environment Protection Measure for air quality. |
| “Any coal mine surface facility which is near residences should be required to comply with world’s best practice in relation to coal stockpiling, storage and dust emissions." |
| “Further mining in the Wyong LGA should be subject to a comprehensive socio-economic cost/benefit analysis which takes into account the direct and indirect cost and benefits, including likely employment gains from mining and risks to residential growth, current and future employment and property prices." |
WACJV/W2CP has undertaken numerous social and economic reviews, surveys and analyses and has communicated the general findings of these as appropriate. |
| “Given that the shallower coal resources in the Northeastern Area appear to have been largely exhausted and that there are apparently no current plans to mine deeper seams in this area, there is potential to relax or remove some of the current constraints on new developments east of the F3 freeway in the Wyong LGA. There may also be potential to relax mine subsidence related restrictions on building codes in some parts of declared mine subsidence districts west of the F3 Freeway. A planning forum involving all relevant government agencies and other key stakeholders should evaluate options for future mining related development controls in the Wyong LGA." |
The W2CP has some surface facilities located east of the F3 Freeway, however its mining plan restricts subsidence to certain areas west of the F3. Nevertheless, the WACJV holds exploration licence areas east of the F3 and therefore would welcome the opportunity to participate in the Panel’s suggested planning forum involving all stakeholders east of the F3 to evaluate the potential for (mine subsidence related) planning controls to be relaxed east of the F3 Freeway in the Wyong LGA. |
| “In respect of the Wallarah 2 Project proposal: |
| a) subject to the recommendations contained within this report, the Wallarah 2 proposal should be assessed under Part 3A of the Environmental Planning and Assessment Act 1979; |
W2CP supports the Panel recommendation and encourages the efficient progress of the assessment process so that all stakeholders may benefit from timely resolution of issues and perceptions so as to enable orderly mine development at the earliest practicable time. |
| b) consideration should be given to an independent review of the final Wallarah 2 proposal as part of the Department of Planning’s assessment process; |
W2CP supports the Panel recommendation and seeks that such independent review be undertaken in timely and efficient manner which can build on the Strategic Inquiry findings. |
| c) given the proximity of the proposed Wallarah 2 surface facility to residential areas, noise and dust emissions from the proposed surface facilities should be minimised as recommended in this report; |
W2CP supports the Panel recommendation and has included a comprehensive assessment of noise and dust impacts and relevant mitigation strategies in the Environmental Assessment report. |
| d) If these emissions are unable to be satisfactorily minimised, the Wallarah 2 proponent should review the proposed location and size of its coal stockpile, including the potential for it to be moved west of the F3 Freeway; |
W2CP supports the Panel recommendation although it is confident that it can demonstrate that its proposed surface facilities’ location and design are optimally configured for managing amenity (noise, dust, visual) impacts and controlling other land use impacts. |
| e) the Wallarah 2 proposal should apply best practice community consultation, engagement and participation (eg NSWMC and DoP guidelines); and |
W2CP supports the Panel recommendation for community consultation and engagement throughout the entirety of the project from tender stage through to mine operations and beyond. |
| f) Wyong Shire Council and the community should be encouraged to allow water monitoring stations to be installed and accessed to allow for better collection of baseline and monitoring data." |
W2CP supports the Panel recommendation and looks forward to gaining positive and constructive participation from Council and the community in regard to its integrated environmental monitoring program that will continue throughout the life of the mine which will be of benefit not only to W2CP but also to Council and the wider community. |
W2CP Strategic Inquiry Submission in Reply WEB
Submission to Independent Expert Panel
Strategic Inquiry into Potential Coal Mining in Wyong LGA
Reference Document for Submission to Independent Expert Panel
Strategic Inquiry into Potential Coal Mining in Wyong LGA
W2CP Presentation to Strategic Inquiry
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