Mod 4 - Russell Vale Preliminary Works Bellambi Creek Gully Flood Mitigation

TO WHOM IT MAY CONCERN

I am writing to object to the proposal by Wollongong Coal. I live
close to the mine, and have seen first hand the impacts of the coal
mine polluting Bellambi Creek. This new proposal is all about
Wollongong Coal saving money, not about having a better outcome for
the creek or the community. I note the long history that Wollongong
Coal has in not meeting its opbligations to planning authorities, and
not paying moneys owed to both the NSW Government or Wollongong
Council.

My specific concerns are as follows.

Bellambi Creek should have been re-aligned in 2012
The realignment, to protect nearby properties from flooding and
inundation with water borne coal, was a condition of the colliery's
2011 approval. It is now more than 5 years overdue. The proponent
mined and sold the coal under the approval, but failed to meet the
conditions of this coal extraction.
* Department of Planning and Environment (DoPE) failed to monitor and
enforce WCL's meeting of its conditions of operation, making a farce
of the planning and approval process
Moving the goal posts now, by changing the condition more than 5 years
after it was due to be met, makes a farce of the Department's approval
process. It sets a risky precedent and erodes community trust in the
Department's governance of extractive industries.
* WCL's failure to carry out the works has placed residents downstream
in danger
In 1998 a storm event occurred that blocked the opening to the
Bellambi Creek culvert at the Russell Vale mine. The resulting
overtopping caused flooding of properties downstream and carried large
quantities of coal off site. The realignment of Bellambi Creak was
meant to protect residents from a similar accident. Through failing to
carry out the flood mitigation works, WCL and the Department have
placed lives and property in danger.
* The proposal will not prevent the coal pollution of Bellambi Creek
Bellambi Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.
* Insufficient capital should not be the basis of a mining company
changing a condition of approval
WCL has cited shortage of capital as the principal reason for the
proposed change. WCL has been under investigation by the Resources
Regulator (previously DRE) since 2015 over whether it is a fit and
proper entity to hold a mining license. Not only has WCL failed to
meet the Bellambi Creek flood mitigation works condition of approval
by the due date in 2012, the company has a history of non-compliance
with approval conditions. This is not a better plan for Bellambi
Creek; it is just a cheaper plan. Approval of this plan condones the
playing of the Major Projects planning system by financially
compromised proponents at the expense of communities and the
environment.

I am calling on the Department to reject this proposal and become more
serious about monitoring and enforcing compliance with mining
development approvals.

* The proposal will not prevent the coal pollution of Bellambi Creek
Bellambi Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.
* Insufficient capital should not be the basis of a mining company
changing a condition of approval
WCL has cited shortage of capital as the principal reason for the
proposed change. WCL has been under investigation by the Resources
Regulator (previously DRE) since 2015 over whether it is a fit and
proper entity to hold a mining license. Not only has WCL failed to
meet the Bellambi Creek flood mitigation works condition of approval
by the due date in 2012, the company has a history of non-compliance
with approval conditions. This is not a better plan for Bellambi
Creek; it is just a cheaper plan. Approval of this plan condones the
playing of the Major Projects planning system by financially
compromised proponents at the expense of communities and the
environment.

To whom it may concern,
Re: Proposal for Modification 4 to Project Approval MP10_0046 -
Russell Vale Colliery Preliminary Works Project
I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery, operated by Wollongong
Coal Ltd (WCL). My reasons for objection include the following:
* Bellambi Creek should have been re-aligned in 2012
The realignment, to protect nearby properties from flooding and
inundation with water borne coal, was a condition of the colliery's
2011 approval. It is now more than 5 years overdue. The proponent
mined and sold the coal under the approval, but failed to meet the
conditions of this coal extraction.
* Department of Planning and Environment (DoPE) failed to monitor and
enforce WCL's meeting of its conditions of operation, making a farce
of the planning and approval process
Moving the goal posts now, by changing the condition more than 5 years
after it was due to be met, makes a farce of the Department's approval
process. It sets a risky precedent and erodes community trust in the
Department's governance of extractive industries.
* WCL's failure to carry out the works has placed residents downstream
in danger
In 1998 a storm event occurred that blocked the opening to the
Bellambi Creek culvert at the Russell Vale mine. The resulting
overtopping caused flooding of properties downstream and carried large
quantities of coal off site. The realignment of Bellambi Creak was
meant to protect residents from a similar accident. Through failing to
carry out the flood mitigation works, WCL and the Department have
placed lives and property in danger.
* The proposal will not prevent the coal pollution of Bellambi Creek
Bellambi Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.
* Insufficient capital should not be the basis of a mining company
changing a condition of approval
WCL has cited shortage of capital as the principal reason for the
proposed change. WCL has been under investigation by the Resources
Regulator (previously DRE) since 2015 over whether it is a fit and
proper entity to hold a mining license. Not only has WCL failed to
meet the Bellambi Creek flood mitigation works condition of approval
by the due date in 2012, the company has a history of non-compliance
with approval conditions. This is not a better plan for Bellambi
Creek; it is just a cheaper plan. Approval of this plan condones the
playing of the Major Projects planning system by financially
compromised proponents at the expense of communities and the
environment.

I am calling on the Department to reject this proposal and become more
serious about monitoring and enforcing compliance with mining
development approvals.

It is unacceptable that 6 years after it was due to be completed and
long after the coal relevant to the 2011 approval has been mined and
sold, Wollongong Coal is seeking to change the conditions. I also note
the application appears to have been submitted one day after the
closing date and request that you reject the application on both these
grounds.

I am writing to you as a concerned resident and rate payer in regards to
what has been happening (and not happening) at Russel Vale Colliery.

I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery which is operated by
Wollongong Coal Ltd (WCL).
The reasons that I object to this modification are many but the main
ones are listed below.

* They should have completed the re-alignment of Bellambi Creek in
2012 (6 years ago). This realignment was to protect properties from
flooding and inundation of water borne coal. This mine sold coal under
the approval that they would do this but they have failed to fulfil
this obligation.

* The Department of Planning and Environment have failed to ensure
that WCL has met these conditions (realignment of Bellambi Creek).
DoPE have also failed to monitor WCL and to enforce the conditions
that this coal company had agreed to. This company, after all this
time, wants to change the agreement to suit themselves rather than
make sure that the surrounding community is kept safe. This certainly
makes DoPE look like it either does not care about the agreement or
has no power to enforce it - how can the community have confidence in
such a department?

* DoPE must surely be aware of the danger that this places residents
in who live downstream. Can any of you imagine what it must be like
living with this ticking time bomb? DoPE must realise that they will
also be responsible if anything does happen to the community through
it's lack of action. DoPE are just as responsible as WCL if they do
not ensure that WCL honor the agreement that they made in 2012, for
the people and their property if similar flooding occurs as has
happened in the past.
I feel very deeply about this for many reasons but one of the main
reasons is that a friend of mine died in the 1998 flooding in
Bellambi. WCL has done nothing to protect residents from a similar
accident.

* Bellambi Creek has been polluted so many times by WCL since they
have been operating Russel Vale Colliery. If they had honored their
agreement then every one of these pollution events could have been
avoided. What is the sense of having an agreement if it is not
honored? It seems to me that this company does not honor so many of
its commitments e.g. I am at a loss to understand why the colliery
owners have been allowed to disregard their responsibilities in
respect of the following issues-
- A security bond of $15 000 which was meant to be paid each year
since 1989 has not been paid for nearly 30 years. This adds up to
thousands of dollars. Why hasn't something been done about this?
- In the event of the mine's financial collapse (which seems eminent
to me) or of a mining disaster, Wollongong City Council and therefore
residents may be liable for most expensive remediation. In the event
that they finally paid the money owing, which I think is highly
unlikely, it would most likely not be enough to cover the costs to
rehabilitate this heavily contaminated site.
- Another major concern is the unauthorized stockpiles of slag heaps
on council land. Wollongong Coal now have asked council to support
their hope to crush and process the coal on this publically owned
land.

* WCL have put forward this modification because it would be cheaper
for them. If they are unable to afford the original agreement then it
is obvious that they would not be in any situation to pay and repair
the damage that could be done if such flooding occurs again.

I am call on the Department to reject this proposal and to follow
through with your responsibilities to the community. It is a
scandalous situation that has existed for too many years where they
have flouted the law and lacked any consideration for residents in the
area.

Why would you have Department of Planning and Environment if they
cannot monitor and enforce agreements that are put in place for the
benefit of all the community?

Re: Proposal for Modification 4 to Project Approval MP10_0046 - Russell
Vale Colliery Preliminary Works Project

I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery, operated by Wollongong
Coal Ltd (WCL).
My reasons for objection include the following:

1.Bellambi Creek should have been re-aligned in 2012.
The realignment, to protect nearby properties from flooding and
inundation with water borne coal, was a condition of the colliery's
2011 approval. It is now nearly 6 years overdue. The proponent mined
and sold the coal under the approval, but failed to meet the
conditions of this coal extraction.

2. WCL's failure to carry out the works has placed residents
downstream in danger.
In 1998 a storm event occurred that blocked the opening to the
Bellambi Creek culvert at the Russell Vale mine. The resulting
overtopping caused flooding of properties downstream and carried large
quantities of coal off site. The realignment of Bellambi Creek was
meant to protect residents from a similar accident. Through failing to
carry out the flood mitigation works, WCL and the Department have
placed lives and property in danger.

3. The proposal will not prevent the coal pollution of Bellambi Creek.
Bellambi Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.

4. Insufficient capital should not be the basis of a mining company
changing a condition of approval.
WCL has cited shortage of capital as the principal reason for the
proposed change. WCL has been under investigation by the Resources
Regulator since 2015 over whether it is a fit and proper entity to
hold a mining license. Not only has WCL failed to meet the Bellambi
Creek flood mitigation works condition of approval by the due date in
2012, the company has a history of non-compliance with approval
conditions. This is not a better plan for Bellambi Creek; it is just a
cheaper plan. Approval of this plan condones the playing of the Major
Projects planning system by financially compromised proponents at the
expense of communities and the environment.

Wollongong Coal is trying to modify its 2011 Part 3a approval, to change
a condition that it was supposed to meet in 2012. The proposal, which
is now on exhibition on the Dept of Planning and Environment's Major
Projects website, seeks to change the requirement to realign Bellambi
Creek. This realignment condition was placed on the 2011 approval to
protect downstream properties from flooding and inundation with water
borne coal. It was also intended to address the ongoing pollution of
Bellambi Creek by the Colliery.

I think it is unacceptable that 6 years after it was due to be
completed and long after the coal relevant to the 2011 approval has
been mined and sold, Wollongong Coal is seeking to change the
conditions.

I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery, operated by Wollongong
Coal Ltd (WCL).
Bellambi Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.
I am calling on the Department to reject this proposal and become more
serious about monitoring and enforcing compliance with mining
development approvals.

I object to this proposal in the strongest terms

Bellambi Creek should have been re-aligned by 2012 when it was a
condition of the colliery's 2011 approval. The company should be
penalised, not let off the hook, as It is now nearly 6 years overdue.

Changing the requirement now now, more than 5 years after it was due
to be met, makes a farce of the approval process.

Pollution from the mine has continued unabated for far too long.

The proposal will not prevent the coal pollution of Bellambi Creek.

Insufficient capital should not be the basis of a mining company
changing a condition of approval, rather it is clear evidence that the
company in question is unfit to manage this mine.

I call on the Department to reject this proposal and instead impose
penalties on Wollongong Coal for their failure to meet the conditions
they agreed to.

Re: Proposal for Modification 4 to Project Approval MP10_0046 - Russell
Vale Colliery Preliminary Works Project

I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery, operated by Wollongong
Coal Ltd (WCL).

Wollongong Coal is trying to modify its 2011 Part 3a approval, to
change a condition that it was supposed to meet in 2012. The proposal
seeks to change the requirement to realign Bellambi Creek. This
realignment condition was placed on the 2011 approval to protect
downstream properties from flooding and inundation with water borne
coal. It was also intended to address the ongoing pollution of
Bellambi Creek by the Colliery.

I think it is unacceptable that 6 years after it was due to be
completed and long after the coal relevant to the 2011 approval has
been mined and sold, Wollongong Coal is seeking to change the
conditions.

I call for rejection of the proposal.

I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery, operated by Wollongong
Coal Ltd (WCL). My reasons for objection include the following:
Proponents lack of finances
* In recent times the Russell Vale mine has been burdened with
proponents that are financially compromised, making mining operations
at this sensitive site problematic. This constricted mine site is
surrounded by dense residential suburbs on three sides, located on an
environmentally sensitive escarpment and mines under the vital Sydney
Water Catchment area.

* To date the only reason given by Gujarat NRE/Wollongong Coal to
Department of Planning and Environment, Planning Assessment Commission
and the community for not carrying out the Bellambi Creek realignment
is lack of finances.

* This financially stressed company is struggling to pay its rents and
levies to the NSW Government and Russell Vale Emplacement Area bond to
Wollongong City Council. Both the Government Resources Regulator and
Wollongong City Council are pursuing Wollongong Coal in court.
Wollongong Coal has taken the coal under the Preliminary Works Project
and its Modifications but now they cannot meet their financial
obligation to realign Bellambi Creek.

* I do not believe that a lack of finances is an appropriate reason
for removing an $8m piece of vital infrastructure condition from their
expired Preliminary Works Project. And I am concerned that Department
of Planning and Environment could even consider it.

* The community has been told repeatedly that there is a financial
upside to approvals for WCL. The $8m realignment was a condition and
commitment imposed on WCL for the extraction and sale of coal under
the Preliminary Works Project and is owed to the people of NSW. If the
money is not used now for the realignment of the creek now, then it
should go into trust for the rehabilitation of the creek when the mine
is closed.

* Wollongong Coal is struggling financially and is only operating
because they are propped up by their parent company in India, Jindal
Steel and Power.

Protect the downstream community from flooding
* In 1998 a storm event occurred that blocked the opening to the
Bellambi Creek culvert at the Russell Vale mine. The resulting
overtopping caused flooding of properties downstream and carried large
quantities of coal off site.
At this very moment, Bellambi Creek is still not realigned. It is
still prone to pollution and flooding, 8 years after the work should
have been carried out to rectify these problems.

* The Bellambi Creek realignment condition was required under Gujarat
NRE/Wollongong Coal's Gujarat NRE/Wollongong Coal Preliminary Works
Project approval 13.10.2011. The creek realignment was required to be
completed by 13.10.2012. Gujarat NRE/Wollongong Coal obtained Mod 1 to
the Preliminary Works Project 24.12.2012 and included the postponement
of the creek realignment until 31.12.2013. Wollongong Coal obtained
Mod 2 to the Preliminary Works Project 19.11.2014. The creek
realignment was not mentioned during this Mod but the Planning
Assessment Commission Report stated that the creek realignment should
be considered as part of the Underground Expansion Project assessment
process along with other non-compliant issues. The Appendix 3:
Statement of Commitments was not amended and so the creek realignment
still remained 31.12.2013. On 16.12.2016, the Department issued
Wollongong Coal with an order to replace the underground pipe section
of Bellambi Gully Creek in accordance with the Environmental
Assessment and Statement of Commitments in their Preliminary Works
Project approval by no later than 18 months from the date of the order
(ie.16.06.2018).

* Wollongong Coal and Department of Planning and Environment deceived
Planning Assessment Commission and community into believing there was
a liability agreement in place. Department of Planning and Environment
stated "Gujarat has also informed the Department that is willing to
carry the liability of clean-up costs associated with any rainfall
event that leads to overtopping of the culvert and subsequent flooding
and surface erosion". No agreement exists.

* Wollongong Coals own consultant states that the only way to protect
Bellambi Creek from pollution is to relocate the creek from the
colliery stockpile and working area, in other words to realign it.

* Bellambi Creek pollution: Bellambi Creek has been polluted numerous
times since Gujarat NRE/Wollongong Coal has been operating Russell
Vale. Every one of those pollution events could have been avoided if
Bellambi Creek was realigned. It is logical to relocate the creek away
from the polluting colliery infrastructure until a time that the mine
is closed down and the site rehabilitated. Wollongong Coal's documents
say that under their proposed option Bellambi Creek will still not be
protected from further pollution events. It will remain in a
deteriorating concrete culvert that runs directly under the colliery
stockpile and working area.

Department of Planning and Environments failure
* Department of Planning and Environment didn't do their job in
policing the conditions in 2012 and then again in 2013. The Department
of Planning and Environment Compliance Department had to be coerced by
the community to investigate the Bellambi Creek non-compliance, fine
Wollongong Coal and order the company to rectify the situation.
However the fine was $3k and Wollongong Coal was given a further 18
months to comply. The Russell Vale CCC was informed that last year
that they would never realign the creek. The Department of Planning
and Environment knew about this and so basically just prolonged the
situation.

* Non-compliance: Wollongong Coal has been operating non-compliantly
in regard to the Bellambi Creek realignment from 31.12.2013 until
16.12.2016. The Bellambi Creek realignment will become non-compliant
from 16.06.2018.

* Lack of money should not be an excuse for postponing conditions from
an approval.

Bellambi Creek on going pollution
* The proposed Option does not protect Bellambi Creek from pollution.
This is made clear by Wollongong Coal's consultant documentation. The
best Option to save the creek from pollution is to realign the creek
as per the Preliminary Works Project condition.

* The Wollongong Coal option does not take into consideration the
latest version of the Underground Expansion Projects drastically
reduced colliery footprint. The creek could be realigned in a more
favourable location. One that could almost follow the original line.
This would facilitate a better outcome when the mine is closed down
and rehabilitated.

* What is to become of Bellambi Creek in the close down and
rehabilitation stage of this mine. There is only about a $9m bold held
by DRE for the rehabilitation of this site? There have been numerous
articles by concerned environmental groups that these rehabilitation
bonds are inadequate to carry out the work. Will this mean Bellambi
Creek will spend the rest of its days underground in a deteriorating
pipe system?

Department of Planning and Environment compliance inaction
* Department of Planning and Environment should have insisted that the
Bellambi Creek realignment condition was removed from the Notice of
Modification during Mod 2 in 2014. This meant the creek realignment
was still necessary and that the completion date was still 31.12.2013.


Dangerous Planning precedent
* Department of Planning and Environment are prepared to assist
Wollongong Coal in `pencil whipping' away an approval condition. If
they are prepared to accommodate Wollongong Coal in this situation for
purely financial reasons where will it end?

Community sentiment and trust
* How can a situation like this occur? The Department of Planning and
Environment has a procedural system for mining approvals, are required
to comply with. How can the community believe and trust in the system
again. How can we believe and trust in Department of Planning and
Environment and Wollongong Coal again.

* Another Part 3A Modification: In 2011, the NSW Government repealed
Part 3A of the Environmental Planning and Assessment Act and yet
Department of Planning and Environment are still accepting
modifications under this Part 3A and extending the life of approvals.

Unresolved or non-compliant matters
* The Department of Planning and Environment's Environmental
Assessment states that: No other modifications are proposed, WCL will
continue to operate all other aspects of the existing operation in
accordance with the Statement of Commitments (as modified) and the
conditions of MP10_0046. This is incorrect as there are other
outstanding items still not addressed or bummed off by the Planning
and Assessment Commission to be dealt with under the Underground
Expansion Project Assessment. Is it appropriate to move conditions
from one approval to the next?

* The Planning and Assessment Commission determined in Mod2 to the
Preliminary Works Project to defer- The emplacement area at the
Russell Vale pit top; The re‐alignment of Bellambi Creek, which
is yet to be undertaken; The water quality in the Hicks Street
gully/drain, which drains the emplacement area; Noise and dust
generated from the pit top, including traffic generated noise and
dust; and the DRE bond on WCL and its current review of the value of
this bond. These issues should be considered as part of the UEP
assessment process. All of these items were required under the
Preliminary Works Project approval and have not been met. These are
items that have never been resolved or complied with

Re: Proposal for Modification 4 to Project Approval MP10_0046 -
Russell Vale Colliery Preliminary Works Project

Thank you for this opportunity to voice my concerns concerning the
proposal Preliminary Works Project Modification 4 Bellambi Creek Gully
at Russell Vale Colliery, operated by Wollongong Coal Ltd (WCL). I
strongly object to the proposal.

WCL's failure to comply with condition of 2011 approval:
WCL wishes to change a condition of its 2011 Part3a approval. This
condition -the realignment of Bellambi Creek - should have been met in
2012, nearly 6 years ago. From any rational point of view, it should
have been met before the company undertook the mining that was the
subject of the approval. It is extraordinary that timely enforcement
of this condition did not occur.
Years of pollution of Bellambi Crk and risk of flooding:
WCL's Russell Vale Colliery is notorious for a long history and
ongoing pollution of Bellambi Creek and flooding of downstream
properties. The failure to protect the community and the natural
environment shows the irresponsibility of WCL, and is a serious
failure of the NSW planning system.
Modification will not solve the risk of pollution:
Yet again WCL demonstrates its irresponsibility by its choice of
option in this current proposal. Pleading lack of funds, the company
has chosen an option that will not achieve the desired result - if the
modification is accepted, Bellambi Creek will continue to flow under
an inadequately contained colliery stockpile and work area, exposing
the waterway to ongoing pollution.
This proposal adds to the already overwhelming evidence that WCL is
not a `fit and proper entity' to hold a mining licence.
I ask the Department to acknowledge the threat WCL poses to community
and environment and to reject this proposal.

Re: Proposal for Modification 4 to Project Approval MP10_0046 -
Russell Vale Colliery Preliminary Works Project

I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery, operated by Wollongong
Coal Ltd (WCL). My reasons for objection include the following:

Bellambi Creek should have been re-aligned in 2012
The realignment, to protect nearby properties from flooding and
inundation with water borne coal, was a condition of the colliery's
2011 approval. It is now nearly 6 years overdue. The proponent mined
and sold the coal under the approval, but failed to meet the
conditions of this coal extraction.

Department of Planning and Environment (DoPE) failed to monitor and
enforce WCL's meeting of its conditions of operation, making a farce
of the planning and approval process
Moving the goal posts now, by changing the condition more than 5 years
after it was due to be met, makes a farce of the Department's approval
process. It sets a risky precedent and erodes community trust in the
Department's governance of extractive industries.

WCL's failure to carry out the works has placed residents downstream
in danger
In 1998 a storm event occurred that blocked the opening to the
Bellambi Creek culvert at the Russell Vale mine. The resulting
overtopping caused flooding of properties downstream and carried large
quantities of coal off site. The realignment of Bellambi Creek was
meant to protect residents from a similar accident. Through failing to
carry out the flood mitigation works, WCL and the Department have
placed lives and property in danger.

The proposal will not prevent the coal pollution of Bellambi Creek
Bellambi Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.

Insufficient capital should not be the basis of a mining company
changing a condition of approval
WCL has cited shortage of capital as the principal reason for the
proposed change. WCL has been under investigation by the Resources
Regulator since 2015 over whether it is a fit and proper entity to
hold a mining license. Not only has WCL failed to meet the Bellambi
Creek flood mitigation works condition of approval by the due date in
2012, the company has a history of non-compliance with approval
conditions. This is not a better plan for Bellambi Creek; it is just a
cheaper plan. Approval of this plan condones the playing of the Major
Projects planning system by financially compromised proponents at the
expense of communities and the environment.

I am calling on the Department to reject this proposal and become more
serious about monitoring and enforcing compliance with mining
development approvals.

I am writing to object to the proposal for Preliminary Works Project
Modification 4 Bellambi Creek Gully at Russell Vale Colliery, operated
by Wollongong Coal Ltd (WCL). My reasons are as follows:

First, re-aligning Bellambi Creek by 2012 was a condition of the
colliery's approval in 2011, and is now nearly 6 years overdue. WCL
has benefited from extracting and selling coal in the meanwhile, all
the time non-compliant with this condition. It should NOT be rewarded
for non-compliance now.

Second, the Department of Planning and Environment has failed to
monitor and enforce WCL's meeting of its conditions of operation.
Moving the goal posts now, by changing the condition more than five
years after it was due to be met, makes a farce of the Department's
approval process. It sets a risky precedent and further erodes
community trust in the Department's governance of extractive
industries.

Further, the proposal will not prevent the coal pollution of Bellambi
Creek. This Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.

Finally, insufficient capital should not be accepted as the basis of a
mining company changing a condition of approval. WCL has cited
shortage of capital as the principal reason for the proposed change.
WCL has been under investigation by the Resources Regulator since 2015
over whether it is a fit and proper entity to hold a mining license.
Not only has WCL failed to meet the Bellambi Creek flood mitigation
works condition of approval by the due date in 2012, the company has a
history of non-compliance with approval conditions. It should NOT be
rewarded by approving its non-compliance after it has benefited in the
meantime from extracting and selling coal resources.

Thank you for attending to this submission.

22 March 2018

Re: Proposal for Modification 4 to Project Approval MP10_0046 -
Russell Vale Colliery Preliminary Works Project.

To the NSW Department of Planning and Environment, and to the NSW
Minister for Planning,


I strongly object to the proposal Preliminary Works Project
Modification 4 Bellambi Creek Gully at Russell Vale Colliery, operated
by Wollongong Coal Ltd (WCL) for reasons given below. Moreover, I ask
the Department to correct its failure to enforce requirements
associated with the previous approval and which have not been met by
WCL, and this time to enforce compliance with mining development
approvals.

Reasons for Objection

1. Bellambi Creek should have been re-aligned in 2012.

The realignment, to protect nearby properties from flooding and
inundation with water polluted with coal, was a condition of the
colliery's 2011 approval. It is now more than 5 years overdue. The
proponent mined and sold the coal under the approval, but failed to
meet the conditions of this coal extraction. Under WCL's original
2011-approved project, they were required by DoPE to undertake the
Bellambi Creek realignment based on BECA 2010 designs in 2012. But the
NSW government has NOT enforced this requirement.

2. WCL's failure to carry out the works has placed residents
downstream in danger.

In 1998 a storm event occurred that blocked the opening to the
Bellambi Creek culvert at the Russell Vale mine. The resulting
overtopping caused flooding of properties downstream and carried large
quantities of coal off site. The realignment of Bellambi Creak was
meant to protect residents from a similar accident. Through failing to
carry out the flood mitigation works, WCL and the Department have
placed lives and property in danger.

3. The proposal will not prevent the coal pollution of Bellambi Creek.

Bellambi Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.

4. Insufficient capital should not be the basis of WCL changing a
condition of approval. This is especially so given that WCL shown no
willingness to spend money on protecting/rehabilitating the
surrounding environment, that it dumps its tailings on surrounding
public land without consent (like Adani), and when its own financial
position is clearly not sustainable nor consistent with a company that
is 'fit-for-purpose'.

WCL has cited shortage of capital as the principal reason for the
proposed change. WCL has been under investigation by the Resources
Regulator (previously DRE) since 2015 over whether it is a fit and
proper entity to hold a mining license. Not only has WCL failed to
meet the Bellambi Creek flood mitigation works condition of approval
by the due date in 2012, the company has a history of non-compliance
with approval conditions. This is not a better plan for Bellambi
Creek; it is just a cheaper and WORSE plan.

The DoPE needs to take control of this situation and either force the
company to (for once) immediately act in the interests of local
residents and their natural environment or force the immediate closure
of the operations at Russel Vale if WCL does not fulfill its
obligations.

This has got to stop!!!!


Sincerely,

Simon Green (Wollongong resident)

To whom it may concern,
Re: Proposal for Modification 4 to Project Approval MP10_0046 -
Russell Vale Colliery Preliminary Works Project
I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery, operated by Wollongong
Coal Ltd (WCL).
My reasons for objection include the following:
* Bellambi Creek should have been re-aligned in 2012
The realignment, to protect nearby properties from flooding and
inundation with water borne coal, was a condition of the colliery's
2011 approval. It is now more than 5 years overdue. The proponent
mined and sold the coal under the approval, but failed to meet the
conditions of this coal extraction.

* Department of Planning and Environment (DoPE) failed to enforce
conditions imposed on WCL
Moving the goal posts now, by changing the condition more than 5 years
after it was due to be met would set a risky precedent that would
erode community trust in the Department's governance of extractive
industries.

* WCL's failure to carry out the works has placed residents downstream
in danger
In 1998 a storm event occurred that blocked the opening to the
Bellambi Creek culvert at the Russell Vale mine. The resulting
overtopping caused flooding of properties downstream and carried large
quantities of coal off site. The realignment of Bellambi Creak was
meant to protect residents from a similar accident. By failing to
carry out the flood mitigation works, WCL and the Department have
placed lives and property in danger.

* The proposal will not prevent the coal pollution of Bellambi Creek
Bellambi Creek has been polluted numerous times since WCL has been
operating Russell Vale Colliery. Every one of those pollution events
could have been avoided if Bellambi Creek was realigned. However,
WCL's documents say that under their proposed option Bellambi Creek
will still not be protected from further pollution events. The creek
will continue to flow through a deteriorating concrete culvert that
runs directly under the colliery stockpile and working area, risking
ongoing contamination of the creek.

* Insufficient capital should not be the basis of a mining company
changing a condition of approval
WCL has cited shortage of capital as the principal reason for the
proposed change. WCL has been under investigation by the Resources
Regulator (previously DRE) since 2015 over whether it is a fit and
proper entity to hold a mining license. Not only has WCL failed to
meet the Bellambi Creek flood mitigation works condition of approval
by the due date in 2012, the company has a history of non-compliance
with approval conditions. This is not a better plan for Bellambi
Creek; it is just a cheaper plan. Approval of this plan condones the
gaming of the Major Projects planning system by financially
compromised proponents at the expense of communities and the
environment.

I am calling on the Department to reject this proposal and to enforce
the original conditions imposed upon the proponent.

Re: Proposal for Modification 4 to Project Approval MP10_0046 - Russell
Vale Colliery Preliminary Works Project

As one who has made submissions on this Project before, I object to
the proposal Preliminary Works Project Modification 4 Bellambi Creek
Gully at Russell Vale Colliery, operated by Wollongong Coal Ltd (WCL).

It is my understanding that Bellambi Creek should have been re-aligned
in 2012. This was to protect nearby properties from flooding and
inundation with water borne coal, and was a condition of WCL's 2011
approval. It is now over 5 years overdue.

* WCL's failure to carry out the works to date has placed residents
downstream in danger
* 
In August 1998 a storm event occurred that blocked the
opening to the Bellambi Creek culvert at the Russell Vale mine. The
resulting overtopping caused flooding of properties downstream and
carried large quantities of coal off site. The realignment of Bellambi
Creek was meant to protect residents from a similar accident. The
Department should ensure that the flood mitigation works initially
approved now proceed without delay.
* The proposal will not prevent the coal pollution of Bellambi Creek.

Bellambi Creek has been polluted at various times since WCL has
been operating Russell Vale Colliery. Every one of those pollution
events could have been avoided if Bellambi Creek was realigned.
However, WCL's documents say that under their proposed option Bellambi
Creek will still not be protected from further pollution events. The
creek will continue to flow through a deteriorating concrete culvert
that runs directly under the colliery stockpile and working area,
risking ongoing contamination of the creek.

* Insufficient capital should not be the basis of a mining company
changing a condition of approval. l
WCL has cited shortage of
capital a a reason for the proposed change. WCL has been under
investigation by the Resources Regulator since 2015 over whether it is
a fit and proper entity to hold a mining license. This is not a better
plan for Bellambi Creek; it is just a cheaper plan. Approval of this
plan condones the playing of the Major Projects planning system by
financially strained proponents at the expense of communities and the
environment.

I am calling on the Department to consider rejecting this proposal
and, to give more attention monitoring and enforcing compliance with
current mining development approvals.

I object to this proposal. The realignment of Bellambi Creek is now
nearly 6 years overdue and should have been completed in a timely
manner. It is designed to protect residents and properties downstream
of the mine. The risk of serious damage from flooding in a major storm
as well as pollution of the creek remains.

Changing the requirement now because it has not been complied with is
unacceptable. It does not inspire confidence in the Department of
Planning's ability to monitor and enforce compliance. The Department
must recognise the community's concerns about the risks of mining,
particularly so close to a residential area. Companies cannot be
allowed to flout their obligations on the basis of their financial
situation.

I object to the proposed Modification to the Preliminary Works Project
(PWP). Reasons for my objection include the following:

- The Bellambi Gully flood mitigation works were due to be completed
in 2012. The works are more than 5 years overdue. The coal extraction
approved under the PWP has long since been mined and sold. It makes a
farce of the major project approval system and the Department of
Planning and Environment (DPE)'s monitoring and compliance regime that
the proponent is able to apply to change the condition long after they
have derived the economic benefit of the coal extraction.

- The serial pollution of Bellambi Creek with coal fines from the
Russell Vale Colliery is unacceptable. I would have thought that
community outrage at the June 2016 pollution event (see
http://www.illawarramercury.com.au/story/3961101/black-creek-video-takes-off-stirs-epa/
) would have resulted in the DPE taking decisive action and enforcing
compliance with the Bellambi Creek realignment condition. Instead, the
Department's resources and community's time and patience are taxed yet
again with this modification proposal.

- Bellambi Creek has a diverse riparian zone which hosts a variety of
native flora and fauna, including water dragons and native turtles.
Furthermore, Bellambi Creek leads to the wetlands and ocean at
Bellambi beach. The proposed modification is not a better solution for
Bellambi Creek; it is just a cheaper solution. The creek will continue
to flow through an aged and deteriorated concrete culvert under the
colliery stockpile and working area, risking ongoing contamination of
the creek. The impecunious status of the proponent should not
compromise the ecosystems downstream of the colliery.

- The failure of DPE to enforce the PWP condition of realignment of
Bellambi Creek puts residents and their property downstream of the
colliery at risk. In the flood of August 1998, the Bellambi Gully
culvert blocked; the resultant overtopping caused the downstream
properties to be flooded with water borne coal fines and refuse from
the colliery. Through failing to enforce compliance with the PWP
Bellambi Creek realignment condition and then allowing this
modification application which weakens the condition, the DPE is
failing in its obligation as a public service.

- Wollongong Coal Ltd has a history of failing to comply with
conditions of approval, and also multiple other non-compliances such
as failing to pay required fines, levies and royalties. This
application to change the condition WCL was supposed to meet over five
years ago, by producing new consultants with new and cheaper
recommendations and longer timetables, makes a mockery of the planning
system. It should be rejected.

Re: Proposal for Modification 4 to Project Approval MP10_0046 - Russell
Vale Colliery Preliminary Works Project

I object to the proposal Preliminary Works Project Modification 4
Bellambi Creek Gully at Russell Vale Colliery, operated by Wollongong
Coal Ltd (WCL). My reasons for objection include the following:

A condition of the mining license for the WCL colliery was the
realignment of Bellambi Ck and part of its 2011 approval. This is
required for the protection of local properties from the sort of
waterborne coal pollution that was the outcome of the 1998 floods.

While ever Bellambi Creek runs directly under the mine's coal
stockpile & working area the surrounding properties are at risk. There
are shocking pictures showing graphic evidence of pollution during
heavy rain events in Bellambi Ck since 2011 these pollution events
would have been avoided if WCL had abided by its license conditions &
completed the Creek realignment.

The continued operation of this mine & the ongoing existence &
placement of the coal stockpile, places untenable risks on the
surrounding communities, coastline & marine environment. It is
imperative for community wellbeing & environmental protection that the
conditions of this mining license are enforced & I request the Dept of
Planning & Environment to reject this proposal.

Lastly I would like to add that if Wollongong Coal Ltd is unable to
meet its license responsibilities because it is financially challenged
then it is unable to operate the mine safely & should be suspended
immediately.