Submission is attached as pdf file.

As attached

I refer the application for the Ashton South East Open cut Project approval Administrative Modifications.
There are no matters put forward by Ashton Coal which in my view would change the assessment carried out by the Land And Environment Court and as confirmed by the Supreme Court. This amendment application must be rejected.
Ashton Coal is making a back door application to circumvent the Courts decisions and must be rejected
The Department of Planning must reject any application to amend the approval to modify the project conditions to address concerns raised by Ashton's solicitors Minter Ellison. As the matter raised is in direct contravention of a Court decision the Department of Planning should have rejected this application outright
Ashton Coal cannot use the Warkworth and Mount Thorley mine approvals as a condition precedent to the current request.
Leslie Krey

I refer the application for the Ashton South East Open cut Project approval Administrative Modifications.
Firstly I am concerned that the Department of Planning indicated in a letter that it would consider an application to amend the approval to modify the project conditions to address concerns raised by Ashton's solicitors Minter Ellison. As the matter raised is in direct contravention of a Court decision the Department of Planning should have rejected this application outright
Ashton Coal further notes that a precedent had been set by the inclusion of a similar condition set by the Planning Assessment Commission in its approval for the Warkworth Continuation Project in the Mt Thorley Continuation Project. There is no such condition which sets out to overturn the Planning Assessment Commission for approval nor was any such matter tested in the courts as this one was for Ashton coal.
Without going into the detail of the court judgement it is clear the judge required the purchase of certain properties prior to the commencement of the development. There is nothing raised in the application by Ashton coal which would change in any way the material and evidence submitted to the Courts Ashton Coal is endeavouring to gain approval to amend conditions imposed by the Courts which are in the public interest. The matter of the acquisition of properties prior to commencement is a directive and the conditions set by Land and Environment Court and reassessed in the Supreme Court of Appeal
Ashton Coal cannot use the Warkworth and Mount Thorley mine approvals as a condition precedent to the current request.
There are no matters put forward by Ashton Coal which in my view would change the assessment carried out by the Land And Environment Court and as a recess by the Supreme Court. This amendment application must be rejected.
The government cannot take on such requests from mining companies to remove conditions set by a court just because it does not suit them. The State Government must support the proper processes and support and reinforce the Land & Environment Court and the Supreme Court.
John Krey

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 Court of Appeal.
Proposed changes to the Schedule 2 Administrative Conditions allow for commencement of operations prior to acquisition of affected properties.
This is displayed by the proposed timing amendment in C1 Additional property acquisition of affected Camberwell village residents.
In 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.
(The proposed amendment to timing will change the property acquisition conditions to....Upon commencement of development of the Project, not prior to commencement of the Project).
The decision of the L&E Court and the NSW Appeals Court gave Hunter River communities protection from the potential negative environmental outcomes this project will produce and it also respected the right of farmers to farm their land.
I strongly oppose the Ashton South East Open Cut Project.

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.