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Lithgow Environment Group Inc. Home About LEG Membership Form News Lithgow City Council Links Stream Watch Swamp Watch Mine Watch Climate Watch Health Watch Scenery of Ben Bullen State Forest & Newnes Plateau http: //www. lithgowenvironment. org/ 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 1

Qualifications: Bachelor of Science (Forestry) Degree – ANU 1978 35 years experience in environmental management at State Government, Local Government, national NGO , Corporate and community group level. 35 years community experience in Rural Fire Brigades, Landcare, Coastcare , Bushcare and Conservation groups; Personal interest in plant identification over 40 years, including further education in plant identification and bush regeneration Former Coordinator, Treasurer, and currently Natural Area’s Project Officer - Lithgow Environment Group Lithgow Region Sub-committee representative - Blue Mountains Conservation Society Lithgow Region Coordinator - Rivers. SOS Peer recognition through several awards including: • Biodiversity Award – 1999 Sunshine Coast Environment Council Environmental Awards • Finalist Outstanding Individual Community Achievement Award - National Banksia Environment Awards 2001 • Educator of the Year Award and Community Initiative Award - 2001 Sunshine Coast University Regional Education Innovation Awards • Dunphy Award - Nature Conservation Council NSW Environment Awards 2011 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 2

INTENSIFICATION OF MINING AFTER APPROVAL - THE INVINCIBLE COLLIERY EXPERIENCE Planning Minister Sartor approved the first Invincible Open Cut Mine Extension (05_0065) on 7 September 2006 An endless flow of Modifications and Extensions then ensued – 7 Approvals in 4 years between 2006 and 2010, to today when Coalpac are proposing to clear 1000 Ha - a 9900% increase in area in just 6 years! Only 3 of those 7 Projects were ever actually approved by a Planning Minister - the others were approved by planning staff on behalf of a Minister – 3 were approved by Mr Chris Wilson, and 1 by Mr David Kitto. • Invincible Open Cut Mine Extension (05_0065): 7 September 2006 – Minister Frank Sartor • Invincible Open Cut Mine Modifcation (05_0065 MOD 1): 4 June 2007 – Minister Frank Sartor • Invincible Colliery Coal Augering (05_0065 MOD 1): 6 December 2007 – Mr Chris Wilson • Invincible Coal Project (07_0127): 4 December 2008 – Minister Kristina Keneally • Open Cut Expansion Project (07_0127 MOD 1): 12 January 2009 – Mr Chris Wilson • Open Cut Expansion Project (07_0127 MOD 2): 12 August 2009 – Mr Chris Wilson • Open Cut Expansion Project (07_0127 MOD 3): 8 October 2010 – Mr David Kitto Not content to sit back and wait for the gradual ramping up of cumulative impacts – Coalpac simply defied Section 125 of the Environmental Planning & Assessment Act, and between September 2006 and September 2007 illegally producing and transporting 80% more coal than their 2006 approval allowed. It is therefore pleasing to finally have the PAC Panel here today, in the hope that this the 8 th Coalpac project in 6 years and 11 th project in 14 years (and 12 th mine including Ivanhoe North) in the Cullen Bullen area finally receives some proper, open and transparent Planning scrutiny. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 3

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 4

Mining company fined $200, 000 for exceeding approval Minister for Planning v Coalpac Pty Limited [2008] NSWLEC 271 In September 2008, a mining company was fined $200, 000 for producing more coal than was permitted under its approval. Coalpac operated a colliery at Cullen Bullen, about 20 kilometres north-west of Lithgow. In 2006, the Minister for Planning had granted approval to the colliery as a Part 3 A major project, subject to a condition that it not produce more than 350, 000 tonnes of coal per year. In fact, the colliery produced 635, 277 tonnes of coal the following year, an amount of roughly 80% more than was permitted, from which the company derived a substantial financial advantage. The Minister for Planning brought proceedings against Coalpac for an offence under section 125 of the EPA Act. In addition to imposing the fine, the Land Environment Court also required the company to pay the prosecutor's costs of $55, 000. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 5

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 6

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 7

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 8

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 9

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 10

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 11

Cullen Valley Mine fined $48, 000 "dust penalty" T Tuesday, 22 July 2003 The Land Environment Court has fined Lithgow Coal Company Pty Ltd $30, 000 and ordered it to pay the EPA's costs of $18, 000 after the company pleaded guilty to a licence breach which resulted in fine particle mining dust being emitted form the Cullen Valley Mine. EPA Director-General, Ms Lisa Corbyn, said the company breached its licence by failing to carry out activities at the mine in a way that minimised the emission of wind-blown dust from the mine. She said that on November 18, 2001 Lithgow Coal emitted a large plume of brown grey dust with the consistency of talcum powder from the mine site and prevailing winds carried it in the direction of Cullen Bullen. On that day, overburden material was removed from above a coal seam and pushed into a gully on the site by a bulldozer. Dust suppression equipment was not in place in this area of the site. Water was not applied to the material to prevent it from becoming airborne and strong winds that day blew the dust towards the properties of nearby residents. The EPA received numerous complaints about the plume of dust, investigated the matter and found that dust suppression measures had not been implemented on the day of the incident. "Measures could have been carried out to prevent the dust emissions, such as hosing the material with water cannons and water sprinklers, ” Ms Corbyn said. In handing down the judgment, Justice Talbot said the fact that the mine was operating within 350 metres of several homes and was situated at a location above the surrounding countryside placed a heightened responsibility on Lithgow Coal. Presentation by Lithgow Environment 10/28/2020 12 Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 13

INCIDENTS OF POEO LICENCE NON COMPLIANCE SECTOR: COAL MINING/POWER GENERATION LITHGOW REGION: 2000 – 2011 Source: http: //www. environment. nsw. gov. au/prpoeoapp/searchregister. aspx LICENCED PREMISES POEO LICEN CE NUMB ER NUMBER OF INCIDENTS OF LICENCE NON COMPLIANCE 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Total 1 62 24 9 56 15 11 11 15 31 Airly Coal P/L Angus Place Colliery Baal Bone Colliery Canyon Colliery 12374 467 765 2 1 3 2 2 1 1 1 0 5 3 0 7 8 0 23 3 0 7 0 0 6 0 1 3 3 558 1 - - - - Charbon Colliery Clarence Colliery Cullen Valley Mine Enhance Place Mine 528 726 10341 1 2 4 1 3 4 1 6 1 3 0 1 13 0 2 0 0 0 3 0 2 13 0 0 6 0 1 7 0 0 5 1 6312 - - 1 3 10 - - - Invincible Colliery Ivanhoe North Pine Dale Mine Springvale Colliery/ Lamberts Gully mine 1095 13063 4911 2 1 1 1 1 4 9 1 0 0 17 0 0 1 0 0 4 0 3607 3 0 1 4 38 394 363 12 18 4 71 Wallerawang Power Station 766 - - 2 3 1 4 0 2 1 Mt Piper Power Station (New Jan 09) 13007 N/A N/A N/A 0 0 17 16 16 16 79 408 399 57 32 20 89 Surrendered 2001 Surrendered 2006 TOTAL 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 11 1 14 908 13 1160 14

Department of Planning Media Release - 8 September 2011 Response to media outlets re. Coalpac Response, first provided on 8 September, to a number of media outlets regarding the Department’s adequacy review of Coalpac’s environmental assessment for its consolidation project at Cullen Bullen: Prior to allowing a development proposal to proceed to public exhibition, the Department first reviews the proponent's environmental assessment (EA) to ensure it adequately addresses all the necessary requirements (as outlined in the Director. General’s Requirements for the project which can be viewed at http: //majorprojects. planning. nsw. gov. au/index. pl? action=view_job&job_id=4332). In the case of Coalpac's consolidation proposal in the Cullen Valley, the Department deemed that the EA did not adequately address a number of issues including the project's potential impacts on: · biodiversity; · natural, historic and Aboriginal cultural heritage; · noise and air quality; and · groundwater. Should the proponent wish to proceed with the project, it will need to revise its EA to address the inadequacies and re-submit it to the Department for consideration. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 15

You can’t manage something that you don’t know exists In April 2011 LEG volunteers recorded in excess of 1500 Persoonia marginata plants, growing on and adjacent the Cullen Valley mine site. They occurred often in great abundance and could easily be seen from a moving vehicle driving along forestry tracks, power line easements, and tracks beside the Wallerawang to Mudgee Railway Line, and Baal Bone Rail Loop. Some plants were within 120 metres of the rapidly approaching Cullen Valley open-cuts. LEG contacted the EPA, collected s sample under LEG’s Scientific Licence, and sent to the NSW Herbarium. That sample was positively identified on 8 April 2011 as Persoonia marginata. Three samples collected by the EPA in the presence of Coalpac staff were also later confirmed as Persoonia marginata is listed as Vulnerable under the EPBC and TSC Acts. Neither Coalpac or prior owners of Cullen Valley Mine reported P. marginata in: • • • 10/28/2020 Coalpac’s EPBC Referral to the Federal Government in December 2010 Coalpac’s Preliminary application to NSW Planning in 2010 Flora Assessments for Exploration Program (Borehole CP 113 to CP 129) for the Coalpac Consolidation Project in February 2010 Flora Surveys for the Cullen Valley Lease Extension Project in 2003 Flora Surveys for the Feldmast Coal Project in 1997 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 16

Persoonia marginata or Clandulla Geebung 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 17

Persoonia marginata in Scribbly Gum Woodland beside Wallerawang to Mudgee Railway Line 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 18

Persoonia marginata next to a forestry track within the Proposal Area 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 19

Highly localised populations – about 100 plants occur in this particular area, but no more plants could be found for 100’s of metres and many hectares around this site. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 20

Highly visible Persoonia marginata on embankment of Baal Bone Rail Loop 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 21

On railway embankment of Wallerawang – Mudgee Line with Cullen Valley Min in the distance 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 22

Section 118 D(1) of the National Parks &Wildlife Act 1974 states: A person must not, by an act or an omission, do anything that causes damage to any habitat (other than a critical habitat) of a threatened species, an endangered population or an endangered ecological community if the person knows that the land concerned is habitat of that kind. Section 118 D prescribes a maximum penalty of 1, 000 penalty units or imprisonment for one year, or both, for the commission of an offence under s 118 D(1). Since a penalty unit is $110 (s 17 of the Sentencing Procedure Act), the maximum pecuniary penalty is a fine of $110, 000. If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision… Deliberate conduct is of a greater seriousness than acts committed due to inadvertence or error. The reasons for committing offences can be taken into account in measuring its objective seriousness, as well as any contrition or remorse. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 23

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 24

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 25

Cumberland Ecology claim in the EA and Clandulla Species Management Plan that: • “On the mining lease they (P. marginata) are located on the west facing slope adjacent the railway line. They are not found on the crest or the eastern side of the crest line. ” • “The average density of the Clandulla Geebung within the mapped area was estimated at 466 individuals per hectare. Total area (see Figure 1) recorded was 38 hectares which resulting in an estimate of 17, 708 individual plants”. • ‘Estimate’ 76, 676 individuals of Clandulla Geebung occur in the Hillcroft biodiversity offset. LEG has undertaken an intensive survey of the entire Mine Proposal Area along 10 metre transects, and recorded GPS Coordinates for every plant. We recorded: • A total of 587 plants within the Proposal area, nowhere near 17, 708 individual plants claimed by Cumberland Ecology – which represents a 3000% exaggeration; • Found that the plants did occur on the crest, did extend a distance of 1. 8 km beyond the eastern side of the crest line, and some plants were only 200 m from the Castlereagh Hwy • LEG has only counted 140 plants, and estimate no more than 1500 plants on Hillcroft, nowhere near the 76, 676 individuals of Clandulla Geebung ‘estimated’ by Coalpac. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 26

LEG calls on the PAC to: • Consider what damage this widely publicised omission of a threatened species from an EA has done to public confidence in the Assessment and Approvals Process, and threatened species conservation legislation at State and Commonwealth level , and • Consider whether prosecution should be recommended. We further call on the PAC to: • Establish a body of experts upon whom the PAC can call to perform independent biodiversity assessments at the cost of a Proponent who repeatedly fails to provide adequate information about threatened species as required under the EP&A Act. • Insist that an independent Flora Assessment be undertaken to establish the true number of Clandulla Geebung individuals and their distribution within the Project Area AND the proposed Biodiversity Offset areas. • Permanently protect ALL remaining P. marginata plants in the Proposal Area by excluding open-cut mining in all locations where it occurs in the northern area. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 27

Pagoda Daisy – Leucochrysum graminifolium (ROTAP 2 R) 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 28

Leionema lamprophyllum subsp. Orbiculare (ROTAP 2 R – P 3) 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 29

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 30

Pterostylis truncata (Little Dumplings). LEG has recorded it in only two places – on the Cullen Valley side of the Proposal, and at Pine Dale Mine. Both will be lost 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 31

Cryptostylis leptochila grows mainly in lower montane gully forests being targetted by Coalpac 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 32

Chiloglottis seminuda: Ben Bullen is Chiloglottis heaven – they are everywhere but it is very difficult to find them in flower, and there clearly are many different species, one of which is likely to be Chiloglottis palachila (ROTAP 3 RC) which occurs in Sunny Corner SF in very similar habitat. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 33

One man approves his own project, another man's dream di es SMH: June 25, 2010 Approval of mines in NSW is in question, writes Nick O'Malley. 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 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. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 34

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, 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 author of an environmental impact statement is irrelevant, because all the supporting material is rigorously checked. 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. 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 35

Cullen Tip? Adaptive Management? 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 36

Water Not Coal: Prior to the 2011 NSW State Elections from the left: Chris Holstein MLA - Gosford, Darren Webber MLA – Wyong, Barry O’Farrell MLA – Premier, Alan Hayes OAM – Australian Coal Alliance, Chris Spence MLA – The Entrance & Chris Hartcher MLA– Terrigal (now Minister for Resources and Energy) 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 37

Invincible Borehole - Long Swamp 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 38

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 39

Coxs River Swamp downstream of Invincible Borehole 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 40

Coalpacs Water Quality Data Coalpac claim that regional water quality in underground workings is consistent with ANZECC (2000) guideline values for upland rivers and streams, and that there is no data available on Iron and Manganese levels to suggest that it would exceed background levels Coalpac’s own Annual Return 2007/2008 for Invincible Colliery Licence No. 1095 signed by Directors Mr Bret Leismann and Mr Ian Follington states that – • Electrical Conductivity or Salinity levels at Discharge & Monitoring Point 1 (Discharge bore in Ben Bullen State Forest to tributary of Cox’s River) ranged from a low of 1627 to a high of 1750 µS/cm in 2007/8 - five times higher than ANZECC (2000) guideline for Fresh & Marine Water Quality for an Upland Stream of 30 – 350 µS/cm. • Total Suspended Solids averaged 32 mg/L - just below the 33 mg/L limit • Manganese levels averaged 0. 684 mg/L - exceeds Australian Drinking Water Guideline concentration in drinking water of 0. 1 mg/L. Levels of 0. 6 mg. L can make people sick • Iron levels averaged 14 mg/L – exceeds ANZECC (2000) of <0. 3 mg/L by a factor of 46 SCA testing at LDP 01 on 28 June 2007 & 18 July 2007 recorded salinity levels of 1649 µS/cm and 1648 µS/cm. Presentation by Lithgow Environment 10/28/2020 Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 41

Acid Mine Drainage – Wangcol Creek 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 42

Baal Bone Colliery LDP 6 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 43

Baal Bone Colliery LDP 6 10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 44

10/28/2020 Presentation by Lithgow Environment Group. Coalpac PAC Panel Public Hearing September 2012 - Speaker CHRIS JONKERS 45