In the NSW parliament on 5 march 2009, Lee Rhiannon of the NSW Greens put the following questions to the Minister for Climate Change and the Environment (Carmel Tebbutt) and to the Minister for Planning (Kristina Keneally).
These questions relate to local residents concerns that Duralie Coal not only want to expand its operation but in doing so wishes to change its operating requirements to discharge excess mine waste water into Mammy Johnsons River.
Only excerpts are included here, sufficient to highlight the seemingly intentional "pea and thimble" thing being played out by the ministers.
Links to the full question and answers in Parliament are here :
(DECC = Department of Climate Change and Environment, and DP = Department of Planning in the following answers.)
Q1. How the values and uses of the Mammy Johnson's River and surrounding catchments will evaluated when deciding whether to approve a trial release of mine waste water from Duralie Coal mine into the river?
Q2. Which of the following uses and values of the Mammy Johnson's River will be used to assess the application by Duralie Coal?
Q3. What criteria will be used to assess the impact of the trial release on local water supplies?
Answer DECC
"The Department of Planning is responsible for determining the development application submitted by Duralie Coal. The environmental assessment requirements are available from the Department of Planning.
Any technical assessment or advice by the Department of Environment and Climate Change regarding water quality criteria will be based on the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 2000.
The Department of Environment and Climate Change will consider the application to amend Duralie Coal's Environment Protection Licence to allow discharge of mine water to the river if development consent is issued for this activity."
Answer DP
"Neither I nor the Department of Planning has received an application seeking approval for the release of
mine water from the Duralie coal mine....."
Q5. Since previous Minister for Climate Change and the Environment announced that no discharge was allowed into the river on 31 July 2006, has any new information on this issue been received?
Answer DECC
" Duralie Coal has lodged a development application with the Department of Planning to vary its current development consent conditions to allow an expansion of the mine. This application includes a proposal to discharge mine water to the river. Duralie Coal also lodged an application to vary its Environment protection Licence to discharge mine water from the premises, which will be considered pending the outcome of the development consent application."
Answer DP
"This question should be directed to the Minister for Climate Change and the Environment."
Q6. What role will the Department play in protecting the values and uses of the Mammy Johnson River?
Answer DECC
"The Department of Environment and Climate Change will provide advice and technical support to assist the Department of Planning in assessing the current project proposal."
Answer DP
"The Department of Planning is not the primary agency responsible for protecting the values and use of Mammy Johnsons River....."
Q7. What water quality data will be used to determine any modifications to the Duralie Coal Environmental Protection Licence (EPL) 11701?
Answer DECC
"The Department of Environment and Climate Change will use data submitted by Duralie Coal, as part of its project application to the Department of Planning."
Answer DP
"This question should be directed to the Department of the Environment and Climate Change, which administers Environment Protection Licence No. 11701."
Q9.
1. What is the suitability of the waste water salinity levels reported by Duralie Coal in its dam of 1,200 µS⁄cm and PH 7.4?
2. How do these levels compare to normal levels for the Mammy Johnson River?
Answer DECC
"a. The Department of Environment and Climate Change has not determined the suitability of the water in Duralie Coal's dam for discharge.
b. The Department of Environment and Climate Change has not conducted a survey of salinity levels in Mammy Johnson River. Duralie Coal is expected to submit this data with its project application to the Department of Planning."
Answer DP
"1. Water with salinity levels of 1,200 µS/cm is suitable for a range of agricultural uses.
2. The salinity levels of Mammy Johnsons River vary along the length of the river."
Comment:
At the time of answering these questions, there were two separate applications on the Department of Planning website both with consent modifications to include river discharge.
Carmel Tebbutt at least gives reasonable answers to the above questions and acknowledges that there is indeed a current application to discharge mine waste water into the river.
Kristina Keneally on the other hand does the head in the sand trick and unbelievably denies knowledge of what is publicly available on her website and /or seems to be intent on muddying the waters on the issue. She denies knowledge of any application but still seems to have at hand knowledge of salinity levels concerned with the application (which, as far as she is concerned, does not exist, but if it did it is the responsibility of DECC).
It it not obvious from the above answers who is responsible for what.
It is also interesting that the applicant (Duralie Coal) is apparently to provide all relevant data on waste water salinity and river quality etc to the relevant Department (when one actually finds out which department that is) in order to have the application assessed. This is akin to letting prisoners guard themselves. What happened to independent assessments, especially when it involves the environment.
Surely it is a small ask for elected representatives to be straightforward and honest in their replies to questions in Parliament - cannot we at least have that ?
Of course all this is true to form if the decisions have already been made behind closed doors and all that is needed is to placate the public in what ever way possible. Confuse, delay, divide and conquer seem to be the current ploys with this issue.