[Ts-09] Sample Submission Form - Waratah Coal Proposal

[Peace Convergence]

Please find below a sample submission form requesting that the Government
assesses the referral from Waratah Coal and requests an Environmental Impact
Statement.

Please feel free to amend the submission as you wish.

FAX TO: 02 6274 1789 for Referral Business Entry Point, Department of the
Environment, Water, Heritage and the Arts.
POST TO: Referral Business Entry Point, EIA Policy Section (EPBC Act)
Department of the Environment, Water, Heritage and the Arts, GPO Box 787,
Canberra ACT 2601
EMAIL TO:  epbc.referrals at environment.gov.au

SUBJECT: WARATAH COAL PROPOSAL: TRIGGERS UNDER EPBC ACT

This correspondence identifies matters of national environmental
significance that require assessment under the EPBC Act in relation to:

Project Reference No: 2008/4366.

Title of Referral: Waratah Coal/Mining/Mine in Galilee Basin; Port South of
Port Clinton; pipeline to Lake Dalrymple/Qld/Galilee Coal Project including
development of coal mine, 495km railway, port and 285m pipeline.

Grounds for Assessment under EPBC Act: Having considered the information in
the Initial Advice Statement for the subject proposal as prepared by Waratah
Coal dated 14 April 2008 (the Waratah IAS Report), it is concluded that
there are clear grounds for assessment of the proposal under the EPBC Act.
The proposal would have impacts on the following EPBC Act matters:

* The proposal would, in part, be on land and water held by the Australian
Government. This proposal includes rail line and shipping port activities
over land and water used for national defence training, an area known as the
Shoalwater Bay Training Area (the Area). The
> Waratah IAS Report is vague on the location of the rail and port facilities
> within the Area. The whole of the Area has remarkable environmental, notably
> biodiversity, values.

* The Area was the subject of the 1993-1994 Commission of Inquiry under the
Commonwealth Environment Protection (Impact of Proposals) Act 1974. The
Waratah proposal is inconsistent with the Key Findings and Recommendations
of that Inquiry. Amongst other matters the Area¹s environmental values were
examined in detail and
> summarised in the Inquiry¹s final report:

> ³By any measure the natural and cultural values of the Area are outstanding
> ŠThe area is the largest coastal area with high wilderness values on the east
> coast of Australia south of the Cooktown and, as such, is regionally and
> nationally very significant² (Page xvi Final Report Commonwealth Commission of
> Inquiry, Shoalwater Bay, May 1994).

* The Area contains Threatened Species and Ecological Communities. Tables
11-14 of the Waratah Report provide the proponent¹s desk-top summary of the
Œthreatened¹, Œendangered¹, Œof-concern¹ ecosystems and species within the
proposed Project Area. It is likely that comprehensive study would confirm
and expand on that desktop review. The proposal would fracture and fragment
habitats and ecosystems putting those species and ecological communities at
further risk. 

* The whole of the Area¹s marine environment is included on the World
Heritage List. The massive rail and port proposal would be an intrusive
development not compatible with that listing.

* Being part of the Great Barrier Reef Marine Park the area is considered to
contain important Commonwealth marine environments, which would be
jeopardized by the subject proposal.

* The Area includes wetlands of international significance, including Ramsar
Convention declared wetlands. The proposal would potentially adversely
affect those wetlands and the movement of migratory birds.

* The area is on the National Estate registar and the proposal would demean
that long established registration.

* The area is part of the traditional country of the Darumbal People and the
imposition of rail and port facilities would compromise that cultural
landscape. 

* The Area is on the Commonwealth Heritage List and has historical
significance in respect to sites associated with the explorers Cook and
Flinders.

* It is considered that the Waratah proposal would have significant impact
on the above matters of national environmental significance. It is difficult
to image grounds to support the proposed actions especially against the
precautionary and intergenerational equity principles. Accordingly the
application requires the most rigorous application of the EPBC Act¹s
assessment processes.

Proposed Actions Clearly Unacceptable: Further it is believed that the
proposed Waratah actions would be clearly unacceptable against the EPBC
Act¹s aims and objectives. The proposal includes developments and activities
that would be fundamentally in conflict with the findings and
recommendations of the 1993-1994 Commonwealth Commission of Inquiry.
Surprisingly the Waratah Report failed to reference that Inquiry and did not
seriously identify alternative locations or the impacts of the proposal on
the above matters of national environmental significance. Rather than
expending significant time and effort in furthering the proposal, it is
respectfully suggested that the Minister decides and informs the proponent
that the proposal is unacceptable.

Notwithstanding that position and if the assessment process is to continue,
it is requested that any possible joint EIS Report to address both
Australian and Queensland Government requirements (perhaps under a bilateral
agreement) does not forego wide national and international assessment and
full public consultation as opposed to an abbreviated research and public
information process only.

Public Inquiry Level of Assessment: Given that the Minister does not
immediately dismiss the proposed actions, it is requested that an open
Public Inquiry is established under the EPBC Act. It is considered that this
would be the only appropriate approach for the massive proposal, which would
generate obvious adverse environmental, socio-economic, water catchment and
other impacts. The Public Inquiry approach would also suggest due respect to
the work of 1993/1994 Commission of Inquiry which comprehensively rejected
the intrusion of sand mining and related storage and transportation
activities.

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