The controversial project, which was the subject of a public planning assessment commission meeting last Wednesday, could end up stymied in the courts despite receiving the required planning approvals.
Rio Tinto subsidiary Coal & Allied was this week thwarted in its attempt to extend its Mt Thorley Warkworth complex in the Hunter Valley in the Land & Environment Court over environmental concerns by local residents after undergoing an exhaustive planning approvals process.
The Darkinjung Local Aboriginal Land Council is demanding $300 million from Wallarah 2 for allowing development on a section of its land at Wyong.
Wallarah 2 has had ongoing discussions with Darkinjung for many years regarding compensation for accessing its land to build a rail spur to connect to the existing railway line in order to transport export coal to the Port of Newcastle, according to the project manager for Wallarah 2 coal project Kenny Barry.
He claims the company has offered Darkinjung a package, including cash compensation, support for a proposed Darkinjung training centre, apprenticeships for local Aborigines and tertiary scholarships over the life of the proposed mine.
“This is really about a commercial agreement,” Barry told ICN.
“We have been negotiating with them for some time. As far as we are concerned they need to be ‘fairly’ compensated.
“We would love to sort this matter out with them.
“It’s a totally different situation with the Rio case, which was more based around environmental issues.”
Barry said the company would dispute the claim made by the land council that under clause 49-3A of the Environmental Planning and Assessment Regulation Act of 2000 that NSW Aboriginal Lands Council would need to give the project a sign off before it was approved.
Kores first prepared a tender for the Wallarah mine in 1994 and was rejected by the previous state labour government bfore it was voted out under its Part 3A planning approvals process.
Kenny said that he was more confident of the approvals process introduced by the current state government because it was more “apolitical and transparent”
Barry told ICN that concerns about mine subsidence from local residents were addressed by the Mine Subsidence Board.
“The MSB does cop a bit of flack but they do a good job,” he said. “They know what they are doing.”
