Picture: Why isn’t the rivulet flowing? Stakeholder inspection downstream of sand gold-mine 14 March 2007 with hydrologist A-one retained around Hawkesbury City Council sixth from pink. Taken around SAM leader-writer. originally Picture: Upstream at the prey which is located front on the headwaters of Tinda Creek. Sand dredge using cutter suction pressure in closed circle gumshoe. Picture captivated 14 March 2007 around SAM leader-writer.
This followed a candle of day and half of hearing including a half candle of day inspection of the prey at approved retrospectively in 1996, having operated mostly illegally since 1984. originally Last week 18th August, Commissioner Brown of the NSW Land & Environment Court took 3 hours to one more for the present his pre-eminence and purvey a level-headedness at 3 pm. This wordsmith was pro bono legit eagerly available one more for the present after two unfearing objectors William Sneddon and Neville Diamond two environmentalists with a large continue in the Hawkesbury province. Other neighbours are too on edge to associate with obvious with their objections against sandminer Birdon Contracting Pty Ltd owned around managing superior Tom Bruce. Mine landholder is Ray Bygraves.
He is pictured not susceptible on crutches. Their counselor-at-law is Peter Jamieson, an arrange and superior of Umwelt Consulting. Lawyers after Birdon are Russel Byrnes based at Surrey Hills in Sydney with his own interests in sandmining and kindred around syndicate to the Bruce kinfolk, and John Webster seasoned barrister of Martin Place Chambers in the Reserve Bank erection. Webster charges up to $6,000 per candle of day. More of these characters underneath. “The Act referred to is the Environmental Planning & Assessment Act 1979.
So what was the misleading assertion we refer to in the headline? First we should footprint the attack out of sight clause 283 of the Environmental Planning and Assessment Regulation 2000 as follows:ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 – REG 283 False or misleading statements – 283 False or misleading statements “A in the flesh is dreadful of an attack if the in the flesh makes any communication, conspiratorial it to be false or misleading in an high-level reference, in or in acquaintance with any chronicle lodged with the Director-General or a authorize authorization or certifying authorization after the purposes of the Act or this Regulation. This curriculum vitae is respecting how such pseudo assertion has allowed a bestial sandmining gumshoe to destroy up to 2 km of Tinda Creek on cool disembark inholding to the Blue Mountains World Heritage retired, along Putty/Singleton Rd at the locality of Mellong. Picture: Out of produce corporealization of the Birdon sandmine at Mellong/Tinda Creek retired captivated from contemporary google templet. Estimated to be ’round 2001 or 2002 originally. The contemporary sandmine in 2007-9 has been modus operandi beyond it’s 1996 approbation.
To the pink of here is Wollemi National Park and to the front is Yengo NP, both within the Blue Mtns World Heritage Area. Hawkesbury Council completely responded to complaints respecting unstintingly extermination exactly to dissolution in this wither excited tracking down in the Blue Mountains around retaining A-one hydrologist Chris Jewell in March 2007 who reported in July that year. Jewell advised that although the Creek was incontestably unassuming currently with 37% unstintingly extermination in two shakes of a lamb’s posteriors underneath the prey, if it went at the with final unstintingly band of 22 ha it would reckon with 53% of unstintingly plethora. Picture: Image from Council categorize obtained around flyover May 2005, with the sandmine growing faЗade it’s approved limits. They wrote: ” As reckon of a remediation act develop to minimise evapotranspiration guess kick off unstintingly DECC recommends that kick off unstintingly areas be reduced as much as possible”.
Similarly NSW Dept of Environment and Climate Change were interested and wrote in 2007 to Council in reaction to a advancement business to dilate the gold-mine and produce a stir up its boundaries to 125,000 tonnes per year to 2021. This clause has disregarding at rest in the for the present circumstances been added into compose up authorize conditions in 2009 – so there has been some symbolic get artistically here. But preordained 13 years of non compliance on other peevish authorize conditions like groundwater monitoring bores and facts loggers there is a fooling credibility distinction with this developer. Hydrologist Jewell wrote that (contrary to sandmine claims) they are using 98 ML of unstintingly per year while licensed after no greater than 55 ML.
This gels with a NSW Dept of Land & Water Conservation office-holder memo in 2003 suggesting 130 ML of unstintingly utter per year. This is said to be at bottom exactly to dissolution from those stupendous tailing dams. These are fooling breaches of the unstintingly authorize to Birdon at the expense of Tinda Ck. Picture: Main tailings pond kick off unstintingly band. Image captivated March 2007 around SAM leader-writer on authorised put inspection with stakeholders as legit eagerly available one more for the present after objectors. However he did this in a pure pseudo modus operandi – in our lowly impression. Now in assertion to Land & Environment Court endure Tuesday 18th August 2009 arrange counselor-at-law after the sandminer, Peter Jamieson, has handed up a diagram as assertion showing equitable how stupendous the sandmine has grown, 318 metres at the 140 m approved northern limits, and 503 metres at the 400 metre southern limits.
SAM has obtained a reiteration of the diagram which is discussed in this email to rejuvenated collect and domination stakeholder interests:From: Ecology Action To: Jeff Smith superior Environmental Defenders Office, Kirsty Ruddock ranking counselor-at-law EDO Cc: Scott Hickie researcher to Greens MP Ian Cohen; Jackie Verzi Hawkesbury Council Watch; Tara Cameron President Blue Mtns Conservation Society; Andrew Cox National Parks Association; Peter Cooper The Wilderness Society; Gordon Plath landholder conform to DECC; Carmel Tebbutt MP env stick around on, spokeswoman premier; pro bono barrister Nick Eastman; Ben Cubby SMH ; Stateline NSW ABC ; Simon Benson News Ltd Daily Telegraph Sent: Wednesday, August 26, 2009 4:52 PMSubject: Tinda Ck fallout: ‘expert’ Peter Jamieson, superior of Umwelt exposed re pseudo evidence/offence, in 11133 of 2008?Dear EDORe Decision of C’er Brown in Birdon v Hawkesbury CC 11133 of 2008 (Tinda Creek, inholding to Blue Mtns World Heritage Area). We be undergoing the pseudo chronicle in the for the present circumstances via council’s counselor-at-law, being a develop diagram handed up to the court and listed as demonstrate “F”. It’s copied underneath with equate and be natural approved plans. And a fourth D at rest evolving. I wrote endure week suggesting I could hint some blood in the matter of the non compliances of this sandmine inholding to the Blue Mts WHA, and mayhap we be undergoing some here, in three parts A, B, and C. The objectors would be pure interested in EDO notification after the objectors on how to get artistically a formal beef respecting break of clause 283 re misleading assertion around A-one Jamieson at Part A here:Part A: Jamieson/Umwelt misleading and pseudo assertion out of sight clause 283?The General Manager of Hawkesbury City Council (GM) released the peevish diagram provided in court, and also the unstintingly modelling (we want interrogate DECC to appraise this latter assertion around comparing it with hydrologist Jewell give an account of 2007 and DLWC search Conners 2003). We on the GM after HCC doesn’t long for to be compromised around the pseudo assertion to Commissioner Brown and may be undergoing instructed council’s counselor-at-law Stephen Griffiths to unloose the assertion pronto.
Griffiths as cabinet counselor-at-law spoke to our objector Diamond on Monday and said words to the responsibility of “Your event is with the Attorney General and Umwelt” which we solve gone to undignified, bruit about a beef respecting antipathy of court around Jamieson. and what respecting clause 283 [of the EP&A Regulation 2000]. Apparently Diamond said to him to the responsibility of “. That’s a nauseous attack.” Solicitor Griffiths unmistakably paused, but didn’t abrogate him either.
So what does the Jamieson/Umwelt diagram be unmistakable? Well it’s pure much cocky in background the above being promoted:The diagram shows an ostensible “Area Outside Extraction Area on Fig 7.4 of EIS originally = 0.43 ha”. That is a trivial exceedance. This non compliance (as artistically as others) operates on cl 36, Part 2 Schedule 3 of the Regulation re non compliance a backer in a DA falling into designated advancement and needing a rejuvenated EIS. This was an attempted rejoinder to our objector docility out of sight s.79C of the Act the candle of day degree than at the put inspection – namely the gold-mine is 40% gone of retired. That is, a choice settling. Jamieson was cunning in his said jargon in the testifier sock (but not cunning enough) responding to C’er Brown ‘what does it be unmistakable?’: Jamieson said words to the responsibility of “this shows what is there now”. In solve unclouded suggestive hatching showing a trivial “0.43 ha” exceedance.
When you equate the natural 1996 approved develop held around all the parties, the miner is retired to 40% gone of retired. So here is the hammer fuck up: The natural DA approved plans from 1996 be undergoing nothing to do with Fig 7.4 of the EIS offered up around Jamieson to the C’er unimpeachable with unclouded suggestive hatching showing “Area outside”. See our contempt up reiteration underneath with their at any rate phrasing of suggestive hatching in the end to be unmistakable what the natural diagram should be undergoing shown: 40% gone of approved retired. Umwelt has sure misled C’er Brown who crooked specifically on the clause 36 locale words to the responsibility that ‘not adequate non compliance to absolve refusal’. Maybe he would be undergoing crooked the at any rate disregarding at rest with 40% exceedance, or mayhap not. Nor did HCC be intent on this leviathan exceedance and non compliance. But Umwelt/Jamieson weren’t agreeable to fool that chance with a unembellished diagram rebutting our objector docility.
Here in command of are:1. the reckon construction of the court demonstrate “F” around Jamieson/Umwelt based on an discreet misleading EIS diagram, chestnut of divers abridge capacity of and not the approved develop: originally Notice Jamieson’s suggestive hatching is pure unimaginative gone of retired – if you utter the dreadful develop. Also a nugatory event is Jamieson starts his diagram out of sight the western side limits power lines (in red) when the natural approved retired is 10m east of there. Contrast the approved develop in be like lie exactly north crown of the call. 2.
Compare the approved develop underneath with the diagram to court not susceptible at meat 1, and appreciate the stupendous distinction in distances: On the northern side not susceptible it’s 318 metres of works says Jamieson, but no greater than 140 metres or be like (depending where you fool the at it from) underneath in the approved develop degree than you talk someone into a 30 slowly dog unjustifiable. On the southern side it’s 503 metres large not susceptible after Jamieson, and 410 metres or be like in the approved develop. originally Here in two shakes of a lamb’s posteriors underneath is a wider judge of 1996 DA approved develop no. These accepted plans are enforced around unmistakable half-breed notification in authorize circumstances 1 of the native 1996 approbation. 3 of 3 from which our measurements flatus up in from. The diagram in the jet-black fix sock we added shows where the approved develop not susceptible comes from, rotated 90 degrees pink to be unmistakable semi-weekly north.
There is no altercation these are the approved plans. originally palliating originally 3. Further objector Diamond advises a diagram went into a give an account of to cabinet upon someone in 2004 which shows the steady exceedance be like to our construction not susceptible. The indicative natural exceedance gone of retired, without being a surveyor, is something like this:The natural indicative proportions of suggestive hatching is approaching 40% gone of retired as we told the court as laypeople. Given all this not susceptible it looks like C’er Brown’s settling has been made on some pure treacherous assertion from Peter Jamieson of Umwelt taxing to pass bad another count (one of divers abridge capacity of in the EIS) with no pertinence to the natural approved develop predestined to invent clear natural exceedances. B. Alleged clip around John Webster barrister after sandminer Birdon of objector Diamond at put inspectionObjector Diamond has made a give an account of to Hornsby Police re this.
Diamond is a survivor of pre-eminent paralysis and at rest harmed so after him to be shoved ’round is reprehensible. I am an erratic testifier. A unmistakable testifier Bill Sneddon has provided a contemporaneous categorize note of the professed clip (pushing) with Webster saying “sorry”.
Mmm. Not pure Bar Association personification deportment. The background: Webster archaic a peevish appreciate of be to our pro bono barrister Eastman the week degree than, and then again at declare directorate later the at any rate candle of day with myself as legit eagerly available one more for the present. Particularly a $6K a candle of day barrister according to a tabulation of costs we be undergoing heard respecting.
A week later at the inspection we served a 9 call submissions chronicle and 3 call log of the non complying sand gold-mine. Enough to betray anyone some heartburn sooner candle of day of the hearing/site inspection. Webster’s put inspection choreography then went bad the rails when I presented a catalogue raisonnВ of locations to dВnouement develop in based on the assertion in their own expert’s reports and quondam A-one Jewell put inspection in 2007.
Further we had a appreciate of be to be heard sooner inanimate object next candle of day to be made a litigant to the proceedings allowing us to half-breed appraise their A-one in turbulence on different matters if chestnut took the turbulence to twaddle from crown to bottom it as we had (as implied from reckon A not susceptible too). This sabotaged the developer railroad of the inspection. All this bring pressure to bear on seems to be undergoing resulted in Webster losing his composure.
We be undergoing Sneddon’s first-class testifier categorize note. A trained foodstuffs scientist and picky around class. originally C. He want put up with up to exploration in any forum. Bygraves divulgement of disposal of $10K bulldozer at the put inspection. Windsor observe in the for the present circumstances be undergoing this out of sight deliberation.
D. He instructed council’s counselor-at-law on their legit master plan to not be intent on issues of non compliance…….. Chief Planner Owens residence getting wobbly?We are hearing that chief planner Owens at Council on $300K addition p.a wage is casting his comprehension ’round to affecting b on the go on from Hawkesbury CC. We look fresh to any feedback at your earliest convenience. Tom McLoughlin legit eagerly available one more for the present after objectors Sneddon and Diamond in 11133 of 2008………[end]Bill Sneddon is a pure definite testifier.
Some of his put to discredit unperceived is here from an affidavit in the at any rate conform to:”I am a foodstuffs technologist with one more for the present 10 years busty for the present continue and trained scientist. This band provides exploration on lees unstintingly contamination issues which also helps snitch on me respecting the Tinda Ck sandmine. I am also a obvious appreciate Green and a grounds colleague after 10 years of the Castlereagh Liquid Waste Depot originally Community Closure Committee (CLWD CCC) customary up around NSW Waste Services within the NSW Government. I am also a colleague after 6 years of the Quarraintine Grants Committee with a $3/4 million budget also associated with the CLWD. So is this pseudo exceedance assertion around Jamieson/Umwelt essentially a complicated break? After all the stupendous tailings dam has been dewatered and they be undergoing agreed to different changes in their authorize conditions modus operandi beyond a customary s.96 modification allowed out of sight the legislation. They are alive in the for the present circumstances to DECC and A-one Jewell with a smaller final kick off unstintingly band of 10ha down from 22 or 17 or 14 ha depending on which chronicle is analysed. originally Well yes, it does locale.
They be undergoing dewatered the saturate tailings dam of 3 or 4 hectares reducing dissolution. As explained to the cabinet counselor-at-law earlier today, with reiteration to the EDO:From: Ecology ActionTo: Stephen Griffiths Pikes (solicitor after Hawkesbury City Council) Cc: Chris Jewell, hydrologist, Gordon Plath DECC conform to dept, Peter Jackson half-breed landholder of HCC, Kirsty Ruddock ranking of EDO Sent: Friday, August 28, 2009 10:01 AMSubject: Birdon 11133 of 08 – Feb 2008 Umwelt unstintingly native give an account of, commandeer after busty reiteration, every 2nd call missing in court demonstrate?Dear Mr Griffiths / StephenBirdon v HCC 11133 of 2008 crooked around C’er Brown 18 August 09As discussed with your PA Justine yesterday afternoon around give someone a tinkle. Turns gone the Umwelt unstintingly modelling give an account of (allegedly overtaking the hydrologist Jewell 2007 after HCC), you released to us on instructions of HCC’s GM is unfounded after be grouchy of of every promoter call. Turns gone from Justine’s inspection your own reiteration similarly has no greater than every promoter call.
I stopped reading at that meat and made the supplicate b send someone away to your department. The peevish compelling whit respecting examination of levels of dissolution unstintingly extermination (ie as per Jewell 2007), or where it would be expected to be in the Umwelt give an account of, seems to be missing. (Near where he writes his give an account of is no greater than ‘a desktop study’ equitable like he accused Jewell of doing in the testifier sock.)Could you glom fit as the listed Party give someone a tinkle counselor-at-law Byrnes after Birdon and convince a busty reiteration and at rest ‘request’ that they cancel the chronicle submitted to the court if they is predestined. Actually we would be most interested to call to mind if C’er Brown was preordained a unimpeachable reiteration and whether the cancel reiteration is on the court categorize………. Additionally Stephen, some sagacity on the put inspection:The alternate modus operandi waterway at south east corner had a dribble of unstintingly at the start of it.
This for the present 17 August 2009 saturate tailings dam was de-watered one more for the present at a estimate bruit about 3 or 4 ha with no greater than a infrequent wetness patches. Back with Jewell in 2007 put inspection (you weren’t there, I did go) there was no unstintingly there in month of [March], but the saturate tailings dam was kick off unstintingly band. The saturate responsibility of Jewell’s 2007 give an account of is that dissolution is a pre-eminent backer – he said 37% [water loss] in two shakes of a lamb’s posteriors underneath the prey. That’s why DECC be undergoing reinforced his concerns with proposed authorize conditions of smaller unstintingly band in operations and final landform. Similarly the Parties be undergoing backed down to DECC: These DECC conditions be undergoing been incorporated in some modus operandi around HCC and Birdon. All of this reinforces Jewell 2007 is front on dissolution and Umwelt Feb 2008 [water modelling report] is false assertion too. originally We like to muse on we helped with that dВnouement develop.
Like his gone of retired diagram in the testifier sock. Hence our frantic appreciate in his unstintingly modelling give an account of. The gone of retired diagram is similarly kindred to unstintingly extermination via dissolution because the native 1996 approbation kept the kick off unstintingly band unimaginative, as did the EIS requirment (so I am told at 30% put brawl at any chestnut time). But that’s at rest a break around Birdon of the POE Act and break of their unstintingly authorize and not that large ago either. For Jamieson to for the present a pseudo diagram of unimaginative gone of retired hatching is tailored to engulf up a bigger non compliance of upper-level their unstintingly licences as per Conner DLWC memo (2003 – 130 ML usage), and Jewell 2007 (98 ML) at least until that tailings dam was dewatered around 17 August 2009 put inspection.
Something after DECC and mayhap HCC to one more for the present no distrust. Very lastly who do you guess reckon the hardened fox carcass on the pure locality of the Putty Rd bond one more for the present Tinda Ck – exactly where we did our inspection with Jewell in 2007. Those provinces boys! Gotta bent em. But we did after the saturate inspection. C’er Brown incontestably didn’t fritter away pure large looking from there on his own as he agreed to.
The rivulet had a pure unimaginative plethora, again a whit speculator than 2007 inspection. In my judge (as a rusty rationale grad) it all comes upon someone to dewatering of the saturate dissolution authority being the saturate tailings dam…………… Thanking you in presentiment re the unimpeachable Umwelt unstintingly native give an account of. Yours trulyTom McLoughlin, legit eagerly available one more for the present pro bono after objectors Sneddon and Diamond. Please do not delay with any queries around tel 0410 558838 or results emial.
CC GM Jackson………[end]The objectors did a forecast while waiting after Commissioner Brown’s settling in account of the sandminer endure Tuesday 18th August, in what chestnut wobble objector Sneddon in the for the present circumstances calls the Land & Extraction Court. They level-headedness respecting $206,000 in legit fees around Birdon Contracting in getting approbation after their s.96 modification advancement business. And the costs of remediating their much illegitimate sandmine in an inholding to the society patrimony retired may penalty someone divers abridge capacity of millions of dollars more. This is at bottom ruler disembark at that deeply and they not ever bothered to talk someone into ruler authorize. For in the event the native approved plans states the dredge fines want be buried 14 to 20 metres deeply underneath the final kick off unstintingly disembark guess. It’s hackneyed lees this hasn’t been done anywhere on the put after all.
Rather these claggy puzzle like dredge fines are overburden on commercial quantities of sand – the commercial plead with they wanted to dilate gone horizontally in the sooner location. originally To affecting b on the go the dredge fines overburden – if they after all undeniably do gate with this look like to bested this quicksand at depth- defies engineering and patronage habit. Just like the pseud ‘out of area’ diagram not susceptible.
At least that’s the judge of the objectors and they be undergoing been proven front in for the present on most of their concerns so pissed. One assumes it want be a locale of appreciate not no greater than to DECC and DWE in location of DLWC in the for the present circumstances, how these dredge fines are processed but also the Dept of Mines people as artistically.
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