Rio Tinto and NSW deny abusing planning process to expedite coal mine

http://www.theguardian.com/world/2013/dec/13/rio-tinto-nsw-deny-abusing-planning-process

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Mining giant Rio Tinto and the NSW government have flatly denied claims they are abusing the planning process to expedite a coal mine expansion approval, and have rejected suggestions they coerced workers into submitting positive submissions to the state government.

On Thursday the Newcastle Herald reported that employees of the Rio Tinto-managed Coal & Allied Warkworth mine in the Hunter Valley were “effectively forced” to write submissions to the state government supporting Rio Tinto’s application to expand the mine.

The vast majority of the 1,300 submissions received were positive. The district president of the construction, forestry, mining and energy union, Peter Jordan, said employees were “pulled off their shift to fill out submissions”.

A spokesman for Coal & Allied told Guardian Australia that while employees were invited to make submissions, none were forced to and none were told it must be positive.

“It is entirely appropriate to keep our workforce, whose livelihoods depend on the future of the operation, informed about the Warkworth modification application process and to provide them with the opportunity and guidance to voice their opinions and have their say in a public process that directly affects them, should they choose to do so,” he said.

“Our employees have a vested interest in the future of the mining industry. At all times correspondence with employees has been clear that if they choose to make a submission in relation to the Warkworth modification, that it would be entirely voluntary and confidential.”

The spokesman also denied allegations that the company had held back Christmas payments from union members while giving payments to non-union employees, saying the different payments related to different workplace agreements.

“A new enterprise agreement was not accepted earlier this year at Mount Thorley Warkworth and the current enterprise agreement at Mount Thorley Warkworth has a business performance payment (BPP) entitlement for employees up to 2012,” he said.

While the NSW Department of Planning and Infrastructure conceded it did "expedite" its assessment of Rio Tinto's application to extend a Hunter Valley mine, it said all community rights were retained.

The Lock the Gate Alliance and Bulga Milbrodale Progress Association (BMPA) wrote to planning minister Brad Hazzard on Thursday, accusing the state government of colluding with Rio Tinto to bypass due process.

Rio Tinto has applied to extend its Warkworth mine operation and the planning department has recommended it be approved.

The department says the modification sought would increase the mining footprint by 1%.

But Lock The Gate Alliance's Steve Phillips questioned the level of scrutiny given to Rio Tinto. He said it took 21 days from the time the miner submitted its application until the department recommended the approval.

"It is patently impossible that the mining giant gave any consideration to community attitudes or expert advice in that time," he said.

In a statement on Friday, the department said it was acutely aware of the concerns raised about the mine.

"We are also conscious that the mine employs some 1,300 people and the constraints on the existing operations put these jobs at risk," the statement read.

The department said in "consideration of the important local factors at play" it decided to expedite the assessment.

"However, all existing legal and community rights have been retained throughout, including the right for the community to have its say," the statement read.

Rio Tinto gained approval from the NSW government for a larger extension of the same mine this year, but the land and environment court overturned the approval following a challenge from BMPA.

Rio Tinto and the O'Farrell government have launched action in the court of appeal to appeal the land and environment court ruling.

Lock the Gate and BPMA argue Rio's most recent application is in the same area the land and environment court ruled mining should not take place.

A Rio Tinto spokesman said the Warkworth application was for a minor modification that would help protect 1,300 jobs for the next two years.

He said, after four years of consultation around the mine, it was "disingenuous" to claim the current application needed to be further delayed.

"Rio Tinto has a dedicated and highly experienced team who worked around the clock to assess and respond appropriately to all objections once the public exhibition period closed," he said in a statement.

"The implications of the minor modification now being sought are extremely well understood, thereby allowing the company to respond to submissions in a timely manner."

Premier Barry O'Farrell told ABC radio he was confident the planning department operated with openness and transparency.

Rio Tinto's application now rests with the Planning Assessment Commission.

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