Rosemount Estate
To: Mr Bob Carr MP
Premier of New South Wales
Dear Mr Carr,
The actions of your Government in seeking to over-rule the Courts of this State and approve a foreign-owned, open-cut coal mine alongside the Hunter River near Muswellbrook, is not only extraordinary but also un-Australian.
To force immediate approval for this mine so that the foreign owners can receive Au$30 million in tax payers'money is something we, as an Australian family company employing over 300 Australians, find absolutely incredible.
You would be aware Rosemount Estate successfully brought proceedings in the Land and Environment Court which confirmed that your Government's original approval for the Bengalla Mine was invalid. This Court found that the Government's actions were unsound and manifestly unreasonable. Your Government appealed the judgement and, as you are well aware, we are awaiting for a decision from the NSW Court of Appeal.
By creating at this time, new legislation expressly to approve Bengalla, and avoid a court decision, you indicated that the legal system in New South Wales has no merit. Your Government has signalled it is prepared to disregard the court, ignore the existing planning code and abandon its electoral responsibilities to Rosemount Estate, its employees and the people of New South Wales.
It needs to be appreciated that the proposed legislation does far more than legitimise the Bengalla project. There are many areas of New South Wales where mining is only permissable if certain criteria are satisfied. The effect of this legislation will be to destroy this control mechanism and make mining the primary use for all land irrespective of any agricultural or other potential usage. It is extraordinary that legislation of such far reaching consequences can be proposed without any opportunity for public discussion.
We feel your Government gives the people of New South Wales no confidence in the integrity of the planning codes of NSW. It is clear that you can alter policy at the stroke of a pen without any consideration or public participation and debate.
Rosemount Estate has never taken the view that the mine should proceed. It has never been a question of "mine or wine". In open discussions with your Government, we have sought a compromise whereby the mine can proceed, with reduced visual and other impact on the surrounding lands and activities, alongside future vineyard development.
We ask you:
Rosemount Estates Pty Ltd., (ACN 000 786 676) 18 Herbert Street, Artarmon, NSW, 2064