So.. you thought your home, gardens, and agricultural land were protected from the leeches of the earth by the mining act (section 62) - the miners will promise you that ad nauseam.
Well ! think again - what you think is yours is actually theirs if our wonderful beloved planning minister (read NSW Government) declares the project to fall under section 3A of the EPPA 1979 - that is those projects (among others) that "....in the opinion of the Minister, is essential for the State for economic, environmental or social reasons." By that read if the Government (miners) wants it - they get it.
This section of the EPPA apparently overrules those sections of the Mining Act that seem to "be on the landholders and the community members side" so that you get that warm happy feeling when all the time your arse is on fire.
THERE IS NO protection - the Govt. may "talk the talk" but they have a problem when it comes to walking.
All this has been confirmed by a recent Supreme court decision (16 November 2007) "Ulan Coal Mines Limited v Minister for Mineral Resources & Moolarben Coal Mines Pty Ltd." Interestingly the case was between two miners - it is all getting out of hand!
Out of the kindness of their hearts, they allow the provisions of the mining act relating to compensation (section 265 and 262) to still remain - or at least seem so. But then again, to the mere mortal, the mining act section 62 seemed ok. One has to be suspicious and wonder where the overriding bit of legislation lays. Basically it seems to have come to a point where the Government (who presumably acts for the benefit of all) has become a simple puppet of the mining interests.
Of course there is only one way out of this mess.. you can sort that one out.
If anyone, especially involved with the Ironstone Mountain issue, thinks they will get any help or protection from Govt. if and when the magnetite mining starts - and from unconfirmed reports they now appear to have unfettered access to the Mountain - they ought to take a good hard look at their battlements now - they are crumbling fast.
As I have said before, apart from compensation issues after the event (and forward planning may be necessary here), it would seem the only hope is to lobby local councils with gusto and become involved in action groups.
If you feel secure and prefer the "head in the sand" bit, prepare to lose it.
That is of course unless you see profit over the horizon - so forget the community and environment you live in - go for it.
To us mere country folk, one often thinks the "environmental planning and assessment act" is there to actually protect the environment - silly assumption of course. It is actually all in the mirrors - simply more complex legislation to allow those afflicted with the ego gene to do what they wish..and they do it well!