Plans by the Baird government to overhaul the state's mining approval process have drawn the ire of anti-coal groups and wary support from the industry.
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Planning Minister Rob Stokes unveiled proposed amendments to the Environmental Planning and Assessment Act on Monday that aim to slash approval times for state significant developments such as mines, while increasing accountability.
One proposal is to axe so-called Part 3A transitional arrangements, introduced by Labor, that the government said had led to a "misuse of modifications" as proponents seek changes to original projects.
Georgina Woods, NSW coordinator for Lock the Gate Alliance, said the overall package was "very disappointing", with the repeal of Part 3A offering "the one good thing in the bill".
Even here, the government plans to give miners two months after the act passes to lodge more modification proposals, she said.
"The mine that is presented to the community at the first instance and the impacts that are described, are – five or 10 years later – beyond recognition, and much more damaging because of all the modifications," Ms Woods said, noting the Wambo coal mine in the Hunter has had 17 modifications.,
Ms Woods said the government had made good on pledges to industry – such as cutting the Planning Assessment Commission (PAC) review stage – which would slash approval times. However, she said it failed to deliver on longer-standing promises to protect water catchments and shield farmland from mines.
"The government is keeping the worst aspect of the [PAC] reviews: the removal of third-party appeal rights [in the Land & Environment Court] against mining approvals," Ms Woods said.
Stephen Galilee, head of the NSW Minerals Council, said the proposals "seem consistent" with commitments to halve assessment timeframes for major mining projects.
"However the proposed changes to the assessment of modifications may be problematic as mining projects often need approval for minor modifications during their long operating life to maintain production and protect jobs," Mr Galilee said.
A Planning spokesperson said community members would have a "much earlier, and much more meaningful, opportunity to address the Planning Assessment Commission" during the approval process. "Court hearings are costly for participants, and don't allow all interested parties to take part."
Daisy Barham, campaigns director for the NSW Nature Conservation Council, said the new package held some positives, such as improving the quality of environmental assessments and closer scrutiny of mine modification and expansions.
Still the government had missed an opportunity to give communities more power to shape outcomes.
"The planning system already favours developers, who have the resources and connections to ensure their interests are protected," she said.
"We need a planning system that prioritises people and wildlife over the interests of big business."
Adam Searle, Labor energy spokesman, said the opposition was "very sceptical" of the changes proposed, given the government's track record.
"Any changes must provide proper protection for water, critical industry clusters, and affected communities," Mr Searle said.
Jeremy Buckingham, Greens energy spokesman, said there were many concerning aspects of the proposed changes.
"The changes do nothing to fix the fundamental problem of the experts being paid by the proponents," he said. "We all know that 'he who pays the piper, calls the tune', so it is vital to establish a more independent process for expert assessment of planning proposals."
The draft bill is open for public feedback until March 10.
