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$1b Wallarah coal plan could be declared invalid over Darkinjung Aboriginal land ownership row

25 Mar 2014

Plans for a $1billion coal mine at Wallarah could be derailed after warnings were ignored that the local Aboriginal Land Council owned part of the land earmarked for a rail link.
 
Darkinjung Local Aboriginal Land Council owns the land planned for vital rail access to transport coal from the mine to Newcastle.
 
The development application for the controversial Wallarah 2 coal mine could now be declared invalid.
 
The NSW Aboriginal Land Council, the consent authority for the land, has formally refused consent and Darkinjung’s chief executive officer Sean Gordon said the Kores development application should be withdrawn.
 
Legal action has been initiated and the mine owners warned by a formal legal letter the development application for the $1 billion mine is invalid.
 
Mr Gordon said the owners had failed to comply with a fundamental aspect of state planning laws and the State Government and the owners had been alerted to the problem months ago but had pressed ahead regardless.
 
DARKINJUNG: COMPANY FAILED TO ENGAGE
 
“In Darkinjung’s view, the company has failed to seriously engage with it or NSW Aboriginal Land Council since becoming aware of its failure, apparently hoping that the government will eventually step in to cure the deficiency, by overriding the landowners, for them,” Mr Gordon said.
 
The development application is due to be considered by the State’s Planning Assessment Commission (PAC) at a public hearing on April 2, and already has been recommended for approval subject to conditions.
 
Mr Gordon said the development application could not be considered by PAC as technically there was no relevant development application.
 
He said the mine owners has been given a number of options including amending the development application to exclude the Darkinjung land or withdraw the application.
 
Mr. Gordon has written to Planning Minister Brad Hazzard and Aboriginal Affairs Minister Victor Dominello asking for a meeting over the matter to explain the reason for their opposition.
 
“Darkinjung came to its position in relation to the above development application after careful consideration,” he said.
 
“This is a matter of considerable importance to Darkinjung, and to the land rights network more generally.”
 
Mr Gordon said as Darkinjung was one of the state’s leading Local Aboriginal Land Councils, and the Central Coast’s largest non-government landholder, which managed its multi-site property portfolio for a mix of economic, cultural and environmental purposes, it was their duty to ensure they made the right business decisions.
 
“We’ve made a business decision for our own land and according to our rights under the Aboriginal land rights Act and the planning laws of NSW,” he said.
 
“We have about 12,000 indigenous people living on the Central Coast, the fastest growing Aboriginal community in Australia, and those are the people we represent.
 
“Darkinjung has negotiated in good faith with the Wallarah 2 proponents over a number of years but has been unable to reach an agreement that is satisfactory in terms of its best interests as a private landholder, and as a member-based organisation with a charter to generate economic and social benefit for indigenous people in our area.
 
“This decision is final and we have no intention to reopen the issue.”
 
 
Source: http://www.theaustralian.com.au/