The mine, which lies near the town of Singleton, was fined $3000 by the Department of Planning and Infrastructure following an investigation by the department into significant dust emissions and after two departmental warnings letters for dust complaints.
Under its approval, the mine is required to implement best management practice to minimise odour, fume and dust emissions. This includes commitments to minimise wind-blown and traffic-generated dust from coal handling and coal stockpiles, using water sprays on coal stockpiles to reduce airborne dust and using water trucks to minimise dust on roads.
An inspection on May 13 found these commitments were not being complied with.
“Consequently large volumes of dust from mining operations flowed across the Putty Road and the dust was also visible from the Golden Highway,” DPI executive director for major development assessment Chris Wilson said.
He said the decision to issue a penalty notice to the mine followed two previous warning letters to the mine last year in relation to dust, and site inspections where the department had requested the mine take action to reduce dust emissions.
“Both the Upper Hunter Air Quality Network and the mine’s own real-time air quality monitor showed a spike in dust levels above the permitted 24-hour average,” Wilson said.
“Our investigations have indicated that the mine’s air quality and dust mitigation measures, required under the mine’s planning approval, were not adequate on that day [May 13].”
In deciding whether to issue multiple penalty notices (for example, for multiple breaches identified by a compliance inspection of an approved project), consideration needs to be given as to whether the breaches warrant the “commencement of legal proceedings to achieve a more effective outcome and a higher level of deterrence”, DPI says in its penalty guidelines.
“Where multiple penalty notices are chosen as the most appropriate response, the investigating and authorised officers would need to be of the view that prosecution is not warranted,” it says.
“In general, no more than two penalty notices should be issued contemporaneously, however the final number will depend on individual circumstances and the reasons for issuing multiple penalty notices should be fully documented.
“If a warning letter does not achieve the desired response, it may be appropriate to give an order or to seek an order from the Court; or if an order is not complied with it may be appropriate to bring enforcement or prosecution proceedings.”
Warkworth received complaints about the dust from nearby residents and although it was a weekend, an officer from the Singleton compliance unit immediately attended the mine.
“The compliance officer observed that the mine was continuing to operate a dragline and excavator, despite the dust being generated. These activities should have been suspended by the mine in the windy conditions,” Wilson said.
Earlier this month the New South Wales director general of planning and infrastructure approved the extension of Rio Tinto’s Mt Thorley coal mine in the Hunter Valley, which will allow the company to mine an extra 5 million tonnes of coal over five years.
The extension of Abbey Green North pit by 75 ha is located on previously mined land within the approved development consent boundary.
