Timor limestone quarry proposal

April 2010 Update:
Strict conditions to be set in court

The Upper Hunter Council approved a Limestone Mine development despite heavy opposition and concerns by the local community and our club.

The decision was challenged in the NSW Land & Environment Court late in 2009.

Citation: Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited (2010) NSWLEC 48.

 On the 31^st March 2010, the NSW Land & Environment Court held that it, if appropriate conditions can be drafted to address matters raised in the judgment, the Timor Limestone quarry is appropriate to be approved.

 Below is a brief overview of the following main issues:

1.    The impact of caves and cave fauna

2.    The impact on the White Box Endangered Ecological Community

3.    The impact on the Squirrel Glider

4.    Local roads

5.    Rehabilitation

 1.            The likely-hood of caves & impact on cave fauna (biota)

The court found it likely that small interconnected voids and fissures would exist in the limestone to be quarried and that there was a sufficient enough possibility that these voids would contain biota, therefore activating the precautionary principal.

 Consequently, the court requires that a pre-blasting assessment protocol be drafted between the parties as well as an ongoing monitoring program to ensure that the impact on specialised cave fauna (biota) is avoided. This monitoring program is to extend throughout the life of the project and rehabilitation phases.

 The pre-blasting assessment protocol requires the development of measures to assess the limestone for caves and voids before blasting occurs. The protocol will be developed jointly between Stoneco Pty Limited, Upper Hunter Shire Council (UHSC) and NHVSS under the guidance of the NSW Land & Environment Court.

 In the instance that a cave is excavated during the quarrying process, a protocol has been developed between the parties to assess the significance of the cave and manage accordingly to avoid any further damage.

NHVSS is pleased that the court recognises the value of karst conservation and specialised cave faunas and specifically, the potential that sensitive cave environments exist at this site. We feel that this monitoring program will provide positive outcomes adding to the understanding of ground dependant faunas in Eastern Australia and hope that this will lead to greater understandings and research opportunities in this area.

 2.            The impact on the endangered ecological community (EEC)

The court agreed with NHVSS’s expert witness’s that the entire project site contains the White Box EEC (lifting the originally claimed affected EEC area from 0.2ha to 6ha). However it was judged that the development would not place the EEC at risk of extinction because the White Box EEC exists beyond the project boundaries of the site.

 3.            Squirrel Gliders

It was judged that no significant impact on the Squirrel Glider population and their habitat was likely to occur and therefore a species impact study is not required. During the court proceedings Stoneco adjusted the project site plans to lessen the impact on the Squirrel Glider’s habitat.

 4.            Local Roads & Bridges

There is a condition that requires UHSC to ensure that all roads and bridges affected are compliant to carry the planned haulage of material from the quarry.

 5.            Rehabilitation plan

The court requires a plan for the rehabilitation of the site be developed.

More information-
Upper Hunter Shire Council
02 6540 1100 (ph)
02 6545 2671 (fax)
council@upperhunter.nsw.gov.au
www.upperhunter.nsw.gov.au

Newcastle & Hunter Valley Speleological Society Inc
Timor Mine Committee
Jodie Rutledge
jodie@rutco.com.au

Environmental Defenders Office
(For fact sheets and further resources)
www.edo.org.au