I strongly object to Ashton South East Open Cut Project
I object to the proposal, as it seeks to change the decision of the L&E Court and the NSW Appeals Court that gave the Hunter River communities protection from the potential negative environmental outcomes this project could produce, and respected the rights of farmers to farm their land.
The proposed bund design and track record of these structures, and its potential failure during a flood, would allow polluted mine water to enter Glennies Creek, which would then feeds into the Hunter River above the PID pumping point.
Also, if this proposal is accepted, Ashton/Yancoal can avoid the requirement to acquire the properties identified by the previous court judgement until after they commence the project (not before as required under the Courts conditions).
There are also serious cumulative effects on health and air quality from this mine.
Again, I strongly object to this mine proposal.

Ashton South East Open Cut Project - Modification 1
Application Number: MP 08_0182 MOD 1

16th February 2017
To Whom it may concern,
I declare I have not made any reportable political donations over the past two years. I am writing to strongly object to the modification request for the Ashton South East Open Cut Project (Application number MP 08_0182 MOD 1).

I do not believe any changes should be made to the existing project outline especially in regards to acquisition and mitigation rights for landowners and the implementation of the Biodiversity Offset Strategy. Choosing to overturn the current project conditions makes the entire system a farce and also a waste of valuable time for community individual's who have to find the strength to fight again against seemingly never ending appeals and modification submissions.

I am against Ashton Coal's modification request as the new conditions will bring the open cut mine close to properties. In November 2015 the New South Wales Court of Appeal chose to uphold the conditions attached to the Ashton South East Open Cut Project granted by the NSW Land and Environment court in 2014. On Yancoal's website it states: "the condition provided that no development work associated with the Project can occur until Ashton Coal Operations Pty Ltd has acquired a privately owned property, which forms part of the proposed mining area" (http://www.yancoal.com.au/page/assets/mine-sites/ashton/). This property is still privately owned therefore Ashton Coal should not be allowed to proceed at all.

I am against this modification request because it allows Ashton Coal the freedom without accountability to amend time periods which will have a negative impact on the village of Camberwell and its surroundings. Camberwell was settled around the mid-19th century and approving these modifications will not only see a slice of history, but also my home, destroyed by a mine. If the Ashton South East Open Cut Project modifications are approved it will also ruin rich alluvial soil and jeopardise our water source. The Office of Water stated that the mine could put local water resources at risk. The damage incurred from any "accidents" to our water system are irreversible.

I am against the Ashton South East Open Cut Project because these modifications will threaten native flora and fauna that cannot be "offset". The proposed biodiversity offset plan is inappropriate and inadequate, and endangers wildlife such as the Speckled Warbler. According to the NSW Government Office of Environment and Heritage the Speckled Warbler bird is "threatened by clearance and fragmentation of habitat including the removal of dead timber" (http://www.environment.nsw.gov.au/determinations/SpeckledWarblerVulSpListing.htm). As such "searches for Speckled Warbler nests to determine habitat range of this population and to establish an appropriate monitoring strategy to ensure its long time viability in the area" (Ashton Coal Proposed Modification Letter dated 19 January 2017, Appendix 3, Committment Q2, page 3) is not a guarantee that they will not wipe out this species.

I am against the Ashton South East Cut Project Modifications been approved because the health risks to the individual's living in the area can not be justified by the poor amendments outlined in the modification proposal. The Department of Health remains opposed to the mine after evidence showed that safe levels of potentially deadly particulate matter are already being exceeded in Camberwell. In a submission to the independent Planning Assessment Commission the department said high concentrations had been linked to "increases in human mortality" and raised "particular concern about exposing children to such risks". I recently have received 17 health alerts from the Environment Protection Authority (NSW EPA) regarding current operational mines and with NSW Health also advising against the project going ahead to do so is only taking a gamble with all living life forms in this area.

I am against all amendments Ashton Coal have listed in their submission request for the South East Open Cut Project. I feel that the reasons the mine was not given the green light in the first place still apply to this modification proposal and should any approval be given to this modification it will be an absolute disgrace and extremely disappointing to see that despite all the warnings greed wins over life.

Warm regards.

I object to the proposed changes to the conditions of approval for Ashton SEOC because their purpose is unclear, they will cause additional and unnecessary stress on the people of Camberwell village and will delay the commitment to environmental outcomes.

- The social impact of the Ashton mine on the people of Camberwell has been significant. They should retain their right to move on, if they wish to.
- The cumulative impact of open cut mining around Camberwell village is highly significant.
- Air quality at Camberwell village is regularly very poor and does not meet national standards.People should have the right to escape these health impacts.

- The social impact of the Ashton mine on the people of Camberwell has been significant. They should retain their right to move on, if they wish to.
- The cumulative impact of open cut mining around Camberwell village is highly significant.
- Air quality at Camberwell village is regularly very poor and does not meet national standards.People should have the right to escape these health impacts.

We object to the Ashton South East Open Cut (SEOC) Project & the proposed modifications to the application because:
i) the porject poses a significant risk to the quality of water flowing into & from Glennies Creek. Water from Glennies Creek is used by the HWCPID to provide water to vineyards, golf courses & gardens in the lower Hunter Valley. These users depend & rely on the quality of water supplied by HWCPID.
ii) the proposed bund meant to protect Glennies Creek from contamination is of doubtful efficacy. In the case of the bund failure there is little, if anything that can be done to remediate the damage.

Ashton Coal Mine - South East Open Cut Project (MP 08_0812 Mod. 1) - Proposed Modification to Administrative Conditions

Application to modify conditions of the Ashton South East Open Cut (SEOC) Project Approval which impose obligations, or require compliance, at a time prior to the commencement of the project.
Modification request made via a letter from Yancoal to Mr Howard Reed of the Department of Planning & Environment dated 19/1/17.

Please accept this as my objection to the proposed Modification.

This is clearly a `back door' method to overcome the obstacle posed to Yancoal in the form of longstanding Landholder, Ms. Wendy Bowman, an 81 year old lady.

Wendy Bowman is at an enormous disadvantage in that she does not have the time, the technical knowledge, the economic resources nor the political clout to counter the vast resources of the proponent Yancoal. Plus, at her age she is surely entitled to a little more respect and dignity, and entitled to treat her property as her castle. A property she has owned for many years.

In accord with recent court judgements, Wendy's rights deserve to be respected and protected in the face of a multinational coal miner attempting to manoeuvre an outcome that suits its commercial objectives. The previous court judgements pertaining to this matter need to be upheld and followed.

I oppose:
1. the request made in Yancoal's letter to the Director, Resource Assessments, to change the Schedule 2 Administrative Conditions to allow the Director to approve commencement prior to acquisition of the properties; and
2. the proposed clause in the attached Table B:
"3 C1 Additional property acquisition of affected Camberwell village residents: In addition to
property acquisition requirements within the Project Approval where requested by any affected
property owner within Camberwell village, Ashton will enter into purchase negotiations in
accordance with the properly acquisition conditions of the Project Approval. Amended timing -
Upon commencement of development of the Project."

In conclusion I object to the proposed Modification as it seeks to change the decision of the L&E Court and the NSW Appeals Court that gave the farming community, including Wendy Bowman, the protection from the potential negative environmental outcomes this project will produce, as well as respecting the right of the farmer to farm their land and have the quiet enjoyment of their land.

Ashton Coal Mine - South East Open Cut Project (MP 08_0812 Mod. 1) - Proposed Modification to Administrative Conditions

Application to modify conditions of the Ashton South East Open Cut (SEOC) Project Approval which impose obligations, or require compliance, at a time prior to the commencement of the project.
Modification request made via a letter from Yancoal to Mr Howard Reed of the Department of Planning & Environment dated 19/1/17.

Please accept this as my objection to the proposed Modification.

This is clearly a `back door' method to overcome the obstacle posed to Yancoal in the form of longstanding Landholder, Ms. Wendy Bowman, an 81 year old lady.

Wendy Bowman is at an enormous disadvantage in that she does not have the time, the technical knowledge, the economic resources nor the political clout to counter the vast resources of the proponent Yancoal. Plus, at her age she is surely entitled to a little more respect and dignity, and entitled to treat her property as her castle. A property she has owned for many years.

In accord with recent court judgements, Wendy's rights deserve to be respected and protected in the face of a multinational coal miner attempting to manoeuvre an outcome that suits its commercial objectives. The previous court judgements pertaining to this matter need to be upheld and followed.

I oppose:
1. the request made in Yancoal's letter to the Director, Resource Assessments, to change the Schedule 2 Administrative Conditions to allow the Director to approve commencement prior to acquisition of the properties; and
2. the proposed clause in the attached Table B:
"3 C1 Additional property acquisition of affected Camberwell village residents: In addition to
property acquisition requirements within the Project Approval where requested by any affected
property owner within Camberwell village, Ashton will enter into purchase negotiations in
accordance with the properly acquisition conditions of the Project Approval. Amended timing -
Upon commencement of development of the Project."

In conclusion I object to the proposed Modification as it seeks to change the decision of the L&E Court and the NSW Appeals Court that gave the farming community, including Wendy Bowman, the protection from the potential negative environmental outcomes this project will produce, as well as respecting the right of the farmer to farm their land and have the quiet enjoyment of their land.

Submission regarding
Modification to Ashton Mine South East Open Cut Project
15 February, 2017

I am a resident of Bulga in the Hunter Valley and I OPPOSE the proposed Modification to Ashton Mine South East Open Cut Project for the following reasons:

The proposed modification is just another attempt by Yancoal, a large foreign-owned corporation, to get around the recent decisions of the L&E Court and the NSW Appeals Court which were in favour of local Hunter Valley farmers. Independent courts are the only protection that local residents have against the rapacious coal mines and should be therefore respected.
Climate science tells us that the last three years were the hottest three years in history. The heatwaves and bushfires we are experiencing right now may become the new normal within ten or twenty years. The agricultural production will suffer and some inland locations may no longer be habitable. It is insane to approve expansion of the more coal mines. Australia uses only a relatively small quantity of coal for domestic energy production and over 85% of the mined coal is exported to be burned overseas. This atmospheric fossil carbon pollution is going to come back to haunt us in the form of wild storms, droughts, floods and bushfires.
The economic benefits of the coal exports are small and short term. On the other hand, the social and environmental costs of the coal mining are huge and long term. There are no examples of any successfully rehabilitated coal mines. The evidence is not hard to find. After the biggest mining boom in history all levels of the Australian government are in financial difficulties, in other words, they are broke!


WE DO NOT NEED MORE COAL MINES, this proposed modification should be rejected.

George Tlaskal

I object to the proposal to change the decision of the L&E Court and the NSW Appeals Court that gave the Hunter community protection from the potential negative environmental outcomes this project could produce, as well as respecting the right of the farmer, Wendy Bowman, to farm her land.

I object to the Government acquiescence to Yancoal's contempt of court decisions in their determination to proceed with this destructive project.