Gloucester Resources Limited V Minister for Planning

Total Page:16

File Type:pdf, Size:1020Kb

Gloucester Resources Limited V Minister for Planning Land and Environment Court New South Wales Case Name: Gloucester Resources Limited v Minister for Planning Medium Neutral Citation: [2019] NSWLEC 7 Hearing Date(s): 13-17, 20-24, 27-28 August 2018 and 16, 30 November and 7, 14 December 2018 (further evidence and written submissions) Date of Orders: 8 February 2019 Decision Date: 8 February 2019 Jurisdiction: Class 1 Before: Preston CJ Decision: The Court orders: (1) The appeal is dismissed. (2) State significant development application No SSD5156 for the amended Rocky Hill Coal Project is determined by refusal of consent to the application. Catchwords: APPEAL – open cut coal mine – impacts on existing, approved and likely preferred uses of land in the vicinity – high visual impact – negative social impacts – impacts of the mine on climate change – economic and public benefits of the mine and other land uses – impacts and costs of mine outweigh benefits of mine – development consent refused Legislation Cited: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Environmental Protection Act 1994 (Qld) Gloucester Development Control Plan 2010 Gloucester Local Environmental Plan 2010 Mineral Resources Act 1989 (Qld) Paris Agreement 2015 Protection of the Environment Administration Act 1991 Protection of the Environment Operations Act 1997 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2009 State Environmental Planning Policy (Petroleum Production and Extractive Industries) Amendment (Air and Noise Impacts) 2018 State Environmental Planning Policy (State and Regional Development) 2011 United Nations Framework Convention on Climate Change 1992 Cases Cited: Abley v Yankalilla District Council (1979) 22 SASR 147; (1979) 58 LGRA 234 Aldous v Greater Taree City Council (2009) 167 LGERA 13; [2009] NSWLEC 17 Australian Conservation Foundation v Latrobe City Council (2004) 140 LGERA 100; [2004] VCAT 2029 Border Power Plant Working Group v Department of Energy 260 F Supp 2d 997 (SD Cal, 2003) BP Australia Ltd v Campbelltown City Council (1994) 83 LGERA 274 Broad v Brisbane City Council [1986] 2 Qd R 317 Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited (2013) 194 LGERA 347; [2013] NSWLEC 48 Coast and Country Association of Queensland v Smith [2015] QSC 260 Coast and Country Association Queensland Inc v Smith [2016] QCA 242 Commonwealth v Tasmania (1983) 158 CLR 1; [1983] HCA 21 Gippsland Coastal Board v South Gippsland Shire Council (No 2) [2008] VCAT 1545 Gray v Minister for Planning (2006) 152 LGERA 258; [2006] NSWLEC 720 Hancock Coal Pty Ltd v Kelly (No 4) (2004) 35 QLCR 56; [2014] QLC 12 Harris v Scenic Rim Regional Council (2014) 201 LGERA 12; [2014] QPEC 16 Hub Action Group v Minister for Planning (2008) 161 LGERA 136; [2008] NSWLEC 116 Hunter Environment Lobby Inc v Minister for Planning [2011] NSWLEC 221 Massachusetts v Environmental Protection Agency 549 US 497 (2007) Mid States Coalition for Progress v Surface Transportation Board 345 F 3d 520 (8th Cir, 2003) Minister for Environment and Heritage v Queensland Conservation Council (2004) 139 FCR 24; [2004] FCAFC 190 Minister for Planning v Walker (2008) 161 LGERA 423; [2008] NSWCA 224 Montana Environmental Information Centre v US Office of Mining 274 F. Supp 3d 1074 (D Mont, 2017) Myers v South Gippsland Shire Council (No 1) [2009] VCAT 1022 Myers v South Gippsland Shire Council (No 2) [2009] VCAT 2414 Northcape Properties Pty Ltd v District Council of Yorke Peninsula [2007] SAERDC 50 Northcape Properties Pty Ltd v District Council of Yorke Peninsula [2008] SASC 57 Rainbow Shores Pty Ltd v Gympie Regional Council [2013] QPELR 557; [2013] QPEC 26 Re Sydney Harbour Collieries Co (1895) 5 Land Appeal Court Reports 243 San Juan Citizens Alliance v United States Bureau of Land Management 326 F Supp 3d 1227 (D N M, 2018) Sierra Club v Federal Energy Regulatory Commission 867 F 3d 1357 (DC Cir, 2017) Taralga Landscape Guardians Inc v Minister for Planning and RES Southern Cross Pty Ltd (2007) 161 LGERA 1; [2007] NSWLEC 59 Telstra v Hornsby Shire Council (2006) 67 NSWLR 256; (2006) 146 LGERA 10 The State of the Netherlands v Urgenda Foundation 200.178.245/01, 9 October 2018 Urgenda Foundation v The State of the Netherlands C/09/456689/HA ZA 13-1396, 24 June 2015 Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc (2014) 200 LGERA 375; [2014] NSWCA 105 WildEarth Guardians v US Bureau of Land Management 870 F 3d 1222 (10th Cir, 2017) Wollar Property Progress Association Inc v Wilpinjong Coal Pty Ltd [2018] NSWLEC 92 Texts Cited: Bell-James, J and Ryan, S, “Climate change litigation in Queensland: A case study in incrementalism” (2016) 33 EPLJ 515: 53 Bennett, K, “Australian climate change litigation: Assessing the impact of carbon emissions” (2016) 33 EPLJ 53: 546-548 Bonyhady, T, “A Useable Past: The Public Trust in Australia” (1995) 12 EPLJ 329 Figueres C et al (2017), “Three years to safeguard our climate”, Nature 546: 593-595 Global warming of 1.5°C: An IPCC Special Report on the impacts of global warming of 1.5°C above pre- industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [V. Masson-Delmotte, et al (eds.)]. World Meteorological Organization, Geneva, Switzerland Guidelines for the Economic Assessment of Mining and Coal Seam Gas Proposals (December 2015) McGlade C and Ekins P (2015), “The Geographical Distribution of Fossil Fuels unused when limiting Global Warming to 2ºC”, Nature 517: 187-190 Trenberth, K E, “Climate change caused by human activities is happening and it already has major consequences” (2018) 36 Journal of Energy and Natural Resources Law 463-481 Category: Principal judgment Parties: Gloucester Resources Limited (Applicant) Minister for Planning (First Respondent) Groundswell Gloucester Inc (Second Respondent) Representation: Counsel: Mr A Galasso SC, Mr C Ireland (Applicant) Ms K Stern SC, Ms T Phillips, Mr M Sherman (First Respondent) Mr R White (Second Respondent) Solicitors: McCullough Robertson Lawyers (Applicant) Department of Planning and Environment (First Respondent) Environmental Defenders Office (Second Respondent) File Number(s): 2017/383563 Publication Restriction: Nil TABLE OF CONTENTS An open cut coal mine is proposed [1] The development application for the Rocky Hill Coal Project [9] The assessment and determination of the development application [20] The appeal to the Court against the Minister’s refusal [23] The planning framework for determining the mine proposal [25] The impacts of the mine on existing, approved and likely preferred uses [57] The vicinity of the development [58] The existing, approved and likely preferred uses [62] The impact of the proposed mine on the likely preferred uses [82] The incompatibility with the existing, approved or likely preferred uses [83] The comparative public benefits of the mine and other land uses [87] The visual impacts of the mine [90] The existing visual environment [91] The viewpoints likely to be affected [124] Methodology for assessing the visual impacts [130] The experts’ assessment of the visual impacts [143] High visual effect [162] Visibility [163] Distance [165] Cognitive mapping [174] Low integration [175] Topographic location, form and shape [176] Materials, texture and colour [182] Vegetation [189] Change over time [200] Night lighting [207] Cumulative visual impact [214] High visual sensitivity [216] High visual impact [217] The amenity impacts of the mine [223] Noise impacts [224] Dust impacts [264] The social impacts of the mine [270] What are the social impacts? [270] Changes to people’s way of life [276] Changes to people’s community [287] Changed access to and use of infrastructure, services and facilities [326] Impact on people’s culture [340] Impact on people’s health and wellbeing [353] Impact on people’s surroundings [369] Impact on people’s personal and property rights [380] Impact on people’s decision making systems [389] People’s fears and aspirations [393] Distributive inequity of the Project [398] Conclusion on the social impacts of the Project [417] The impacts of the mine on climate change [422] Gloucester Groundswell’s argument for refusal of the mine [422] GRL’s argument for approval of the mine [451] The GHG emissions of the Project support refusal of the Project [486] Both direct and indirect GHG emissions should be considered [486] All GHG emissions contribute to climate change [514] The Project’s emissions will contribute to climate change [525] No specific proposal to offset the Project’s emissions [529] Possibility of abatement unrelated to the Project not relevant [531] Assumptions of market substitution and carbon leakage unproven [534] Producing coking coal not a justification for GHG emissions [546] The Project’s poor environmental and social performance justifies refusal [550] The economic and public benefits of the mine and other land uses [557] The net economic benefits of the Project [561] Direct economic benefit: royalties [570] Direct economic benefit: company income tax [581] Indirect economic benefit: worker benefits [587] Indirect economic benefit: supplier benefits. [607] Indirect costs [637] Conclusion on the cost benefit analysis [664] Local effects analysis [670] The respective public benefits of the Project and other land uses [682] Balancing the benefits and the impacts of the mine [686] Orders [700] JUDGMENT An open cut coal mine is proposed 1 There is a valley, near Rocky Hill, that a coal mine proposes to cut and fill. The Gloucester valley is a creature of a unique topographic feature. The valley is the floor of a nest, the sides being ranges east and west. The Bucketts is the rocky range to the west. The Mograni range is the mountain range to the east. Both ranges are forest clad. Over aeons, the ranges have eroded.
Recommended publications
  • Government Gazette of the STATE of NEW SOUTH WALES Number 168 Friday, 30 December 2005 Published Under Authority by Government Advertising and Information
    Government Gazette OF THE STATE OF NEW SOUTH WALES Number 168 Friday, 30 December 2005 Published under authority by Government Advertising and Information Summary of Affairs FREEDOM OF INFORMATION ACT 1989 Section 14 (1) (b) and (3) Part 3 All agencies, subject to the Freedom of Information Act 1989, are required to publish in the Government Gazette, an up-to-date Summary of Affairs. The requirements are specified in section 14 of Part 2 of the Freedom of Information Act. The Summary of Affairs has to contain a list of each of the Agency's policy documents, advice on how the agency's most recent Statement of Affairs may be obtained and contact details for accessing this information. The Summaries have to be published by the end of June and the end of December each year and need to be delivered to Government Advertising and Information two weeks prior to these dates. CONTENTS LOCAL COUNCILS Page Page Page Albury City .................................... 475 Holroyd City Council ..................... 611 Yass Valley Council ....................... 807 Armidale Dumaresq Council ......... 478 Hornsby Shire Council ................... 614 Young Shire Council ...................... 809 Ashfi eld Municipal Council ........... 482 Inverell Shire Council .................... 618 Auburn Council .............................. 484 Junee Shire Council ....................... 620 Ballina Shire Council ..................... 486 Kempsey Shire Council ................. 622 GOVERNMENT DEPARTMENTS Bankstown City Council ................ 489 Kogarah Council
    [Show full text]
  • Gloucester, Greatlakes and Greater Taree
    Local Government Boundaries Commission 1. Summary of Local Government Boundaries Commission comments The Boundaries Commission has reviewed the Delegate’s Report on the proposed merger of Gloucester Shire Council, Great Lakes Council, and Greater Taree City Council to determine whether it shows the legislative process has been followed and the Delegate has taken into account all the factors required under the Local Government Act 1993 (the Act). The Commission has assessed that: the Delegate’s Report shows that the Delegate has undertaken all the processes required by section 263 of the Act, the Delegate’s Report shows that the Delegate has adequately considered all the factors required by section 263(3) of the Act with the exception of the factors listed under subsections 263(3)(e1) (service delivery) and 263(3)(e5) (diverse communities), and the Delegate’s recommendation in relation to the proposed merger is supported by the Delegate’s assessment of the factors. 2. Summary of the merger proposal On 8 March 2016 the Minister for Local Government referred a proposal to merge the local government areas of Gloucester, Great Lakes and Greater Taree to the Acting Chief Executive of the Office of Local Government for examination and report under the Act. The following map shows the proposed new council area (shaded in green). Proposed merger of Gloucester, Great Lakes and Greater Taree 1 Local Government Boundaries Commission The proposal would have the following impacts on population across the three councils. Council 2016 2031 Gloucester Shire Council 5,000 4,850 Great Lakes Council 36,700 38,500 Greater Taree City Council 49,450 51,900 New Council 91,150 95,250 Source: NSW Department of Planning & Environment, 2014 NSW Projections (Population, Household and Dwellings).
    [Show full text]
  • Water Data: Improving Access and Use
    Water data: improving access and use Tony Boston Assistant Director (Climate and Water Data) New South Wales Thanks for your data • Albury City Council • Armidale Dumaresq Council • Ballina Shire Council • Bathurst Regional Council • Bega Valley Shire Council • Bellingen Shire Council • Border Rivers-Gwydir Catchment Management Authority • Byron Shire Council • Cabonne Shire Council • Central Tablelands Water • Central West Catchment Management Authority New South Wales Thanks for your data • Clarence Valley Council • Coffs Harbour City Council • Coleambally Irrigation Co-operative Limited • Cooma-Monaro Shire Council • Delta Electricity • Department of Finance and Services • Department of Primary Industries • Dubbo City Council • Eraring Energy • Essential Energy • Eurobodalla Shire Council • Gloucester Shire Council New South Wales Thanks for your data • Goldenfields Water County Council • Gosford City Council • Goulburn Mulwaree Council • Great Lakes Council • Hawkesbury-Nepean Catchment Management Authority • Hunter Water • Hunter-Central Rivers Catchment Management Authority • Inverell Shire Council • Kempsey Shire Council • Lachlan Catchment Management Authority New South Wales Thanks for your data • Lismore City Council • Liverpool Plains Shire Council • Lower Murray Darling Catchment Management Authority • Macquarie Generation • MidCoast Water • Mid-Western Regional Council • Murray Catchment Management Authority • Murray Irrigation Limited • Murrumbidgee Catchment Management Authority • Murrumbidgee Irrigation Limited New South
    [Show full text]
  • Smoke-Free Policy in Outdoor Areas
    Smoke-free policy in outdoor areas A 2011 survey of NSW councils Smoke-free policy in outdoor areas | A 2011 survey of NSW councils 2 Contents Introduction 1 Introduction Smoking is the largest single preventable cause of death 2 Methodology in Australia, killing more than 15,000 Australians a 2 Results year. There is substantial evidence linking exposure to 12 Resource kit second-hand smoke with a range of serious and life 13 Barriers to introducing threatening health impacts including heart disease, or expanding policy cancer, asthma and other respiratory problems. Children exposed to second-hand smoke are at an 14 Alfresco dining increased risk of asthma, sudden infant death syndrome 15 Conclusion (SIDS), acute respiratory infections and ear problems. 15 Appendix While most of the evidence relates to Community interest in the provision indoor exposure, there is emerging of smoke-free outdoor areas such evidence on how smoking affects as playgrounds, sporting fields and air quality in outdoor locations such alfresco dining areas is growing. as alfresco cafes and playgrounds. To assist local councils in A recent study which measured developing their own smoke-free cigarette smoke levels in a variety outdoor areas policy, the Heart of outdoor locations showed that a Foundation, The Cancer Council person sitting near a smoker in an NSW, the Australian Medical outdoor area could be exposed to Association NSW, the Local levels of cigarette smoke similar to Government and Shires Associations the exposure of someone sitting in of NSW and Action on Smoking an indoor pub or club. Therefore, the and Health Australia have second-hand smoke in outdoor areas developed a resource kit including where people tend to congregate, a CD-ROM of signage templates including alfresco dining areas, for Local Government outlining in sports stadiums and concert venues, clear detail the steps required to can present a real health risk to present before Council a motion to the public and staff.
    [Show full text]
  • Emeritus Mayor Honour Roll
    Emeritus Mayor Honour Roll 2020 Karyl Denise Knight, Greater Hume Shire 2019 Peter Laird, Carrathool Shire Council Peter Woods OAM, Concord Council Stephen Bali FCPA, F Fin, AMIIA, MP, Blacktown City Council 2018 Phillip Wells, Murrumbidgee Council 2017 Doug Eaton, Wyong Shire Council Gary Rush, Bathurst Regional Council Geoff Kettle, Goulburn Mulwaree Council Harold Johnston, Dungog Shire Council Ian Gosper, Cabonne Council Joanna Gash AM, Shoalhaven City Council Paul Joseph Hogan OAM, Greater Taree City Council Peter Abelson, Mosman Council Peter Blackmore OAM, Maitland City Council Peter Shinton, Warrumbungle Shire Council 2016 Andrew Lewis, Bourke Shire Council Angelo Pippos, Brewarrina Shire Council Angelo Tsirekas, City of Canada Bay Barry Johnston OAM, Inverell Shire Council Bill McAnally, Narromine Shire Council Brian Petschler PSM, Kiama Municipal Council Conrad Bolton, Narrabri Shire Council Gordon Bradbery OAM, Wollongong City Council Emeritus Mayor Honour Roll Jenny Clarke, Narrandera Shire Council Laurence J Henery, Jerilderie Shire Council Marianne Saliba, Shellharbour City Council Mark Troy OAM, Bellingen Shire Council Matthew Slack-Smith, Brewarrina Shire Council Michael Neville, Griffith City Council Michelle Byrne (Dr), The Hills Shire Council Ned Mannoun, Liverpool City Council Nigel Judd OAM, Temora Shire Council Norman Rex Firth Wilson OAM, Warren Shire Council Paul Lake, Campbelltown City Council Peter M Yates, Lockhart Shire Council Peter Speirs OAM, Temora Shire Council Richard Quinn, Hunter's Hill Council Ron
    [Show full text]
  • Local Plumbing Regulators in NSW On-Site Plumbing and Drainage Compliance and Inspections
    Local plumbing regulators in NSW On-site plumbing and drainage compliance and inspections This document outlines who performs the functions of the plumbing regulator in NSW. Under the Plumbing and Drainage Act 2011 NSW Fair Trading is the plumbing regulator in New South Wales. The Plumbing Code of Australia is the technical standard for compliance throughout NSW. It is the responsibility of the plumbing regulator in each area to set requirements for inspections of on-site plumbing and drainage. Fair Trading’s area of operation includes all areas in which properties are provided with services (either drinking water, recycled water or a sewerage service) by Sydney Water Corporation or Hunter Water Corporation. This area of operation stretches from Gerringong in the south (the Illawarra), to Newcastle, Port Stephens and Dungog in the north (the Hunter), and west to Mount Victoria (Blue Mountains). The function of the plumbing regulator has been delegated by Fair Trading to local councils, county councils, or other qualified bodies. The delegation of the function has been accepted by local and county councils across NSW, with a small number of exceptions where the council declined the delegation. Below are two tables identifying the local authority for plumbing regulator functions, including conducting inspections, throughout NSW by local government area. Please Note: Onsite plumbing and drainage work does not include stormwater, fire suppression; work on network utility assets or roof plumbing. If you are a plumber or drainer in regional
    [Show full text]
  • Fair Work (State Declarations — Employers Not to Be National System Employers) Endorsement 2009
    Fair Work (State Declarations — employers not to be national system employers) Endorsement 2009 Fair Work Act 2009 I, JULIA GILLARD, Minister for Employment and Workplace Relations, make this Endorsement under paragraph 14 (4) (a) of the Fair Work Act 2009. Dated 17 December 2009 Julia Gillard Minister for Employment and Workplace Relations Contents Page Contents 1 Name of Endorsement 2 2 Commencement 2 3 Definition 2 4 Endorsement of State Declarations 2 Schedule 1 Employers declared by or under a law of a State not to be a national system employer 3 Part 1 Employers declared by or under a law of New South Wales not to be a national system employer 3 Part 2 Employers declared by or under a law of Queensland not to be a national system employer 9 Part 3 Employers declared by or under a law of South Australia not to be a national system employer 13 1 Name of Endorsement This Endorsement is the Fair Work (State Declarations — employers not to be national system employers) Endorsement 2009. 2 Commencement This Endorsement commences on 1 January 2010. 3 Definition In this Endorsement: Act means the Fair Work Act 2009. 4 Endorsement of State Declarations (1) For paragraph 14 (4) (a) of the Act, a declaration, by or under a law of a State mentioned in an item in Schedule 1 that an employer mentioned in that item is not to be a national system employer for the purposes of the Act, is endorsed. (2) The endorsement of a declaration in relation to an employer mentioned in an item in Schedule 1 takes effect from the date mentioned in that item.
    [Show full text]
  • Industrial Relations (National System Employers) Order 2009 Under the Industrial Relations Act 1996
    2009 No 634 New South Wales Industrial Relations (National System Employers) Order 2009 under the Industrial Relations Act 1996 I, John Robertson, the Minister for Industrial Relations, in pursuance of section 9A of the Industrial Relations Act 1996, make the following Order. Dated, this 22nd day of December 2009. JOHN ROBERTSON, MLC Minister for Industrial Relations Published LW 24 December 2009 Page 1 2009 No 634 Clause 1 Industrial Relations (National System Employers) Order 2009 Industrial Relations (National System Employers) Order 2009 under the Industrial Relations Act 1996 1 Name of Order This Order is the Industrial Relations (National System Employers) Order 2009. 2 Commencement This Order commences on 1 January 2010 and is required to be published on the NSW legislation website. 3 Declaration of non-national system employers In accordance with section 9A of the Industrial Relations Act 1996, the employers listed in Schedule 1 are declared not to be national system employers for the purposes of the Fair Work Act 2009 of the Commonwealth. Page 2 2009 No 634 Industrial Relations (National System Employers) Order 2009 Non-national system employers Schedule 1 Schedule 1 Non-national system employers (Clause 3) Part 1 State bodies Landcom Part 2 Councils Albury City Council Armidale Dumaresq Council The Council of the Municipality of Ashfield Auburn City Council Ballina Shire Council Balranald Shire Council Bankstown City Council Bathurst Regional Council Bega Valley Shire Council Bellingen Shire Council Berrigan Shire Council Blacktown
    [Show full text]
  • NSW Government Boundary Review
    NSW Government Council Boundary Review Regional NSW Map Inner Sydney Map Outer Sydney Map Registrations and Submissions To register to attend or speak at a public inquiry or to lodge a submission on a proposal, please visit the merger proposal page that interests you and click on the ‘Public Inquiry Registration’ tab to register or the ‘Make a Submission’ tab to make a submission, these tabs are at the top of the proposal page. Please scroll down to find the merger proposal pages. For people who have been unable to register they should contact 1300 813 020 (this service is available 24/7). Background On 6 January 2016 the Minister for Local Government referred 35 merger proposals to the Chief Executive of the Office of Local Government for examination and report under the Local Government Act (the Act). In addition to the Minister’s 35 original council merger proposals, a number of councils have submitted their own proposals. As a consequence, the Minister has put forward a number of additional proposals for adjacent areas for examination and reporting, in the event that the council-initiated proposals proceed. The additional proposals will undergo the same process of examination and reporting, which includes Delegates conducting public inquiries, calling for written submissions, and preparing reports with due regard to the factors in section 263(3) of the Act. The public inquiries for the Minister’s 35 original council merger proposals have now been completed and written submissions have closed. Please visit the links below to find the details of the public inquiries and closing dates for written submissions for the additional merger proposals.
    [Show full text]
  • The Council of the Municipality of Ashfield Report 2008 Local Government Elections
    The Council of the Municipality of Ashfield Report 2008 Local Government Elections REPORT ON THE 2008 LOCAL GOVERNMENT ELECTIONS THE COUNCIL OF THE MUNICIPALITY OF ASHFIELD General Manager The Council of the Municipality of Ashfield PO Box 1145 Ashfield NSW 1800 Dear General Manager I am pleased to present to you a report on the conduct and administration of the 2008 Local Government Elections held for The Council of the Municipality of Ashfield. Yours sincerely Colin Barry Electoral Commissioner 31 August 2009 REPORT ON THE 2008 LOCAL GOVERNMENT ELECTIONS THE COUNCIL OF THE MUNICIPALITY OF ASHFIELD 2 Contents LIST OF TABLES ...................................................................................................................... 4 LIST OF GRAPHS.................................................................................................................... 5 THE 2008 LOCAL GOVERNMENT ELECTIONS ....................................................................... 8 2008 THE COUNCIL OF THE MUNICIPALITY OF ASHFIELD ELECTIONS............................... 15 ELECTION PREPARATION.................................................................................................... 19 CONDUCT OF THE ELECTIONS ........................................................................................... 38 ELECTION CONCLUSION.................................................................................................... 67 FUTURE DIRECTION ............................................................................................................
    [Show full text]
  • Pollution Incident Response Management Plan
    In accordance with the Protection of the Environment Operations (General) Amendment (Pollution Incident Response Management Plan) Regulation 2012 98D (2) A plan is to be made publicly available on a publicly accessible website for the information required under Section 153C (a) of the Act and Clause 98C (1) (h) and (i) of the Regulation. As such the following excerpt is taken from the ARTC Pollution Incident Response Management Plan (PIRMP) to meet the above requirements. 4 Notification and Reporting 4.1 Notification to regulatory authorities ARTC or other relevant parties (Operators, Contractors, and Alliance Partners) will notify each relevant authority in accordance with the Act as outlined below: the EPA – Environment Line on 131 555 the Ministry of Health via the local Public Health Unit – see Appendix 3, or EP-02- 02 NSW Environmental Incident Notification – Agent Instructions the WorkCover Authority – phone 13 10 50 the local authority if this is not the ARA - see Appendix 3 or EP-02-02 NSW Environmental Incident Notification – Agent Instructions Fire and Rescue NSW – phone 000 Further information on ARTC’s internal communication and reporting processes are contained in Work Instructions EP-02-01 NSW Environmental Incident Notification and EP-02-02 – NSW Environmental Incident Notification – Agent Instructions. Notification to regulatory authorities may also be required under Workplace Health and Safety and Rail Safety legislation and the reporting processes for this notification is outlined in the ARTC Safety Management System, the Incident Management Manual TA-44 and Work Health and Safety Reporting WHS-442. 4.2 Notification to affected parties ARTC will initiate notification to owners and occupiers of affected premises, including early warnings and regular updates, when and as required, using one or a number of the following methods: Door knocking; Community meetings; Radio and TV messaging; Website information; or Written correspondence i.e.
    [Show full text]
  • Background Council Amalgamations Proceeding
    Barton Deakin Brief: New South Wales Government’s Local Government Amalgamations 13 May 2016 On 12 May 2016, the Premier of New South Wales, the Hon Mike Baird MP announced the amalgamation of 19 new councils across Sydney and New South Wales. Another 9 amalgamations await the outcome of litigation. Finally, 14 of the original proposed amalgamations will not proceed. This Barton Deakin Brief outlines the New South Wales Government’s announcement of Local Government Amalgamation Proceedings. Background On 6 January 2016, the Minister for Local Government, the Hon Paul Toole MP, announced 35 merger proposals to the Chief Executive of the Office of Local Government for examination and report under the Local Government Act 1993. In addition to a number of councils submitting their own proposals, the Chief Executive delegated the examination and reporting function for a total of 45 merger proposals to Delegates. Delegates conducted public inquiries, called for written submission and prepared reports with regard to section 263(3) of the Local Government Act 1993. Delegate reports were then sent to the Minister for Local Government, the Hon Paul Toole MP and the independent Local Government Boundaries Commission for comment. Council Amalgamations Proceeding 1. Armidale Regional Council : The merger of Armidale Dumaresq and Guyra Shire councils 2. Canterbury-Bankstown Council : The merger of Bankstown City and Canterbury City councils 3. Central Coast Council : The merger of Gosford City and Wyong Shire councils 4. City of Parramatta Council : The merger of Paramatta City*, The Hills Shire*, Auburn City*, Holroyd City* and Hornsby Shire* councils 5. Cumberland Council : The merger of Parramatta City*, Auburn City* and Holroyd City* councils 6.
    [Show full text]