ICAG letters relating to Gloucester Coal/Duralie Coal.

The Great Wall of Yancoal
"Submitters Rights letter must be to Planning by Friday 27th April 2012, giving you more time to write your Objection letter if needed, which can come in weeks after Friday 27th April.

ICAG Inc. would like to thank the efforts of all those involved in writing to the Planning Department requesting cancellation of submission period 7th to 23rd March 2012. ICAG Inc., EDO, general public, advised that the documentation was not completed, or available on Gloucester Coal's website (as per Judge's Conditions). We had a 'temporary Win', this submission period was withdrawn temporarily.

We are all now in a re-advertised submission period as of Wednesday 11th April 2012 to Friday 27th April 2012.

The general public living along the railway line from Duralie Coal's exit to Stratford Coal's enterance were NOT consulted on the affects of train dust and train noise. No one has been interviewed and out of the 26 letters sent to properties from Gloucester Coal, only 1 person ICAG Inc. know of received a letter while other people in Wards River, North & South of Wards River Township did not.

ICAG Inc. asks individuals & groups to contact the Planning Department Colin Phillips and everyone on the 'Contact List document' below, requesting this submission period is cancelled. Requesting they MUST be consulted being affected by the train noise and/or dust from trains before a submission period can continue.

Yet the Planning Department Colin Phillips speaking to him on Tuesday 10th April said they were satisfied people were consulted regarding train dust/noise from the letters that Gloucester Coal sent out, HOWEVER ICAG Inc state people in the majority did not receive these letters of 'consultation'.

1) Claiming Submitters Rights. Make sure you reference the "Duralie Rail Hours Modification Environmental Assessment (08_0203)" and the fact you are OBJECTING, with all other relevant details, name, etc. This MUST be done by close of business on Friday 27th April 2012, if you are needing MORE TIME to write your objection letter. (see example below),

2) Also send or incorporate into one letter or email "Notice Request to CANCEL submission period" to the planning dept due to documents of dust and noise NOT being there for general public to view ahead of time, that there was NO consultationat people's properties to then incorporate this into the dust and noise reports of how the trains are affecting people living along the railway line, which ICAG Inc. believe must be completed before a submission period is readily accepted by the Planning & Infrastructure from Gloucester Coal.

Please contact ICAG Inc. - Amanda PH: 4997-5979 for further details."





20 March 2012





Sam Haddad - sam.haddad@planning.nsw.gov.au    

Howard Reed - howard.reed@planning.nsw.gov.au

Colin Phillips - colin.phillips@planning.nsw.gov.au

Brad Hazzard  - brad.hazzard@planning.nsw.gov.au

Information Dept. - information@planning.nsw.gov.au



Dear Sirs,



RE: ‘CLAIMING SUBMITTERS RIGHTS’ & OBJECT to Gloucester/Duralie Coal/(Stratford Coal) submission period (7.3.12 to 23.3.12), ‘Duralie Rail Hours Modification Environmental Assessment (08_0203)’.


  • ICAG Inc. would like to claim ‘Submitters Rights’.  We will continue to submit further documentation as soon as possible. We ask please that documents of ICAG Inc. will be compiled together


  • WE OBJECT to the shuttle train times being extended.  


  • We OBJECT to any part of the EA being approved. 



ICAG Inc. continue to state: This submission period MUST be seen by Planning Department & Gloucester Coal/Duralie Coal & Stratford Coal as legally, ethically wrong & breach of Conditions from Judge Preston of the Land & Environment Court - Sydney.


  • Due to Dust and Noise Reports & community letter being WITHHELD from the general public & ICAG Inc. and ONLY presented to one property owner.  This denied access to the majority of people who should have been privy in advance in February these documents existed.  It is a Court Order through Conditions from Judge Preston that (Dust/Noise & other Reports) were to be finished three (3) months after the approval date (10 Nov. 2011), which would have been no later than 10th February 2012 being uploaded onto Gloucester Coal’s Website for public access. 


  • ICAG Inc. OBJECT we have been excluded and these documents withheld from our attention.  Considering ICAG Inc. were the ones to Apply through a Merits Appeal Class 1, in the L & E Court, with our Legal Team, that brought about Judge Preston agreeing with ICAG Inc. that Gloucester Coal did need conditions to operate.  When the Tony Kelly (then) Planning Minister allowed Gloucester Coal to have all the Conditions ‘rescinded’ by the end of December 2011.  Judge Preston ruled against the Planning Ministers Decision to remove all the Conditions and reinstated them, adding others as good outcomes for ICAG Inc. on behalf of an environment/wildlife & people, having this forced upon them in their country rural valley.


  • We would expect in future - any documentation, letters, reports that have been generated by the many, many Conditions Judge Preston has attached to Gloucester/Duralie/Stratford Coal’s approval, ICAG Inc. are given copies of these documents in a prompt time frame please.


  • As the Dust & Noise Reports are related to the Environmental Assessment of Gloucester/Duralie & Stratford Coal seeking approval to extend their train movements currently at 7am to 10pm to 6am to 1am the following morning and the accelerated speed at which the Planning Department is moving this forward is more than alarming!


  • ICAG Inc. questions the NSW Planning Dept./DPI, in accepting an application, full well knowing that Gloucester Coal/Duralie & Stratford Coal and together you are ALL NOT HONOURING the Conditions set down by Judge Preston in the Land & Environment Court, in the Merits Appeal Class 1, ICAG Inc. Vs Planning Dept/Gloucester Coal, can all surely see submission period is so very wrong?


  • Simulated dust studies at Newcastle Uni is of great concern to ICAG Inc, when the Consultants should have done real-time studies by meeting and taking samples from peoples properties affected by coal dust along the railway lines (Duralie Coal to Stratford Coal), including those people affected by coal dust from the open cut pit of Duralie Coal & Stratford Coal.  People have coal dust inside and outside their homes, not to mention the health impacts and toll this is all taking on people.


  • ICAG Inc. therefore advises the Planning Department they are on Notice and request an IMMEDIATE CANCELLATION to this submission period, as being the only solution for the Planning Department with this current submission period being in such a mess.  



Yours Faithfully

Ironstone Community Action Group Inc.

A. Albury

Amanda Albury

Secretary (ICAG Inc.)

Limeburners Creek

PH: 4997-5979




Monday 19th March 2012


Dear Sirs,


Sam Haddad - sam.haddad@planning.nsw.gov.au    

Howard Reed - howard.reed@planning.nsw.gov.au

Colin Phillips - colin.phillips@planning.nsw.gov.au

Brad Hazzard  - brad.hazzard@planning.nsw.gov.au

Information Dept. - information@planning.nsw.gov.au


RE: Notice of Request to CANCEL current submission period of Gloucester/Duralie Coal 7.3.12 to 23.3.12 (08_0203)


ICAG Inc. is writing to request the IMMEDIATE CANCELLATION of the current submission period for “Duralie Rail Hours Modification Environmental Assessment (08_0203)”.


The Submission period (7/3/12 to 23/3/12) is “Null and Void”.  The submission period closes on Friday 23rd March 2012 and MUST be CANCELLED IMMEDIATELY


  • The Dust & Noise Reports are two (2) of many Conditions stipulated by Judge Preston of the Land & Environment Court.  These Reports were to be uploaded on Gloucester/Duralie Coal’s website three (3) months from approval on 10th November 2011, no later than 10th February 2012.  These documents have NOT been uploaded on Gloucester Coal’s website, (a stipulation of Judge Preston’s Conditions), thereby NOT being accessible to the general public.  As these documents relate to “train movements”, it is therefore only right that people should be able to access in advance, of any submission period.  ICAG Inc. & general public/groups being thrust into ‘an illegal submission period 7/3/12 to 23/3/12’, with ALL relevant information not available for people to read is UNACCEPTABLE!


  • Simulated dust studies held at Newcastle Uni to measure coal dustICAG Inc. & ‘We the People’ object to simulated dust studies: - We expect the dust monitoring to be conducted in the Gloucester-Stroud valley.  Not in Newcastle Uni and/or away from this valley.  People's homes inside/outside and in their tank water show the true affects of the impacts Gloucester Coal/Duralie & Stratford Coal mines are having in this valley.  If Consultants were prepared to actually report on the coal dust in/outside people’s houses & tank water.  ICAG Inc. would be pleased to introduce Consultants to property owners affected by coal dust from Gloucester Coal mines: - Duralie Coal & Stratford Coal.


  • Many people would have allowed the Consulting Company to take dust samples.  If only people in our valley had been advised by letter in advance, giving property owners an opportunity to nominate their property, living both along the railway line and those other properties affected by coal mining dust from Duralie Coal and Stratford Coal.  ICAG Inc. would still introduce Consultants if they were willing?


ICAG Inc. does not understand how, the Planning Department has allowed this application to move forward thus far, without the ‘dust & noise reports’ being available.  We see this as being an unnaturally accelerated rush through misrepresentation by documents being withheld from ICAG Inc. and the community.  This practice is wrong and should be seen as completely unlawful & breaches the Conditions of Judge Preston.  To allow this submission period to continue, without cancellation is unethical, undemocratic and negligent.  


How can people raise objection letters to an Environmental Assessment when two (2) documents relevant to train movements are inaccessible to ICAG Inc. & the general public?


ICAG Inc. would like to take this opportunity to remind the Planning Department/DPI, Gloucester Coal/Duralie & Stratford Coal of their responsibilities under these Conditions set down by Judge Preston of the Land & Environment Court and their continued responsibility in having all expected reports via Conditions stipulated by Judge Preston to be finished & uploaded onto Gloucester Coal’s website by three (3) months from approval date.  As this has NOT happened in the time frame as yet, we suggest these reports and other Condition reports required are forwarded to ICAG Inc. as well as being uploaded to Gloucester Coal’s website for the general public to access in a timely manner.  


On Saturday 17th March 2012, ICAG Inc. was informed a form letter from Gloucester Coal “Gloucester Basin” was sent to one property in Wards River, dated 2 February 2012 “Duralie Coal Mine Study Of Dust Emissions From Laden Trains Proposed Methodology and Preliminary Results”. Yet no one else affected by dust & train movements of Wards River, other towns or anyone else raising these issues were sent a letter.  Not even the people that raised these issues in Gloucester Court House and handing their information to Judge Preston on the day.  ICAG Inc. Secretary Amanda Albury was one of those people, who spoke about train noise, coal dust impacts on people within this valley.  Yet Amanda did not receive any letter alerting her, she could obtain a copy of the Report/s by phoning Rachael Windrum of Gloucester Coal.  Why not?


HOW can people raise objection letters to the NSW Planning Department/DPI when this documentation regarding the train movements (noise/dust Reports) has NOT been made public? 


This letter should have been sent to everyone along the railway line for all interested parties to obtain a copy of these reports.  Including people who raised the issues in Court at Gloucester, or through submissions.


ICAG Inc. request: that all future reports or correspondence relating to the Conditions implemented by Judge Preston are forwarded to our Secretary Amanda Albury.


Gloucester/Duralie & Stratford Coal not satisfied with Judge Preston stipulating 7am to 10pm shuttle train movements is seeking 6am to 1am the following morning.  Even Judge Preston acknowledged people living along the railway line are affected by train noise and dust, making comment to coal wagons not being covered unlike trucks on roads that are.  6am-1am shuttle trains would be disrespectful to people.  Export train North and South is continuing to impact people, making their lives a misery.  Property owners will need more than a box of earplugs given to one Wards River resident after being sleep disturbed, and was asked to share ear plugs to people who were also sleep disturbed in Wards River Township by Duralie Coal.


This Application shows Gloucester Coal/Duralie & Stratford Coal's complete disregard for their mining impacts on people, environment/wildlife and so very quick to try to have overturned Judge Preston's Conditions only finalised on 10th February 2012, which shows a complete lack of respect to all.


Gloucester/Duralie & Stratford Coal have failed to bring to the attention of ICAG Inc., including other groups & the general public as requested by Judge Prestons Conditions, that these documents amongst others were to be made public by being accessible on their website, three (3) months from 10th November 2011 (approval date).  


ICAG Inc. therefore request on behalf of individuals/groups: that Gloucester/Duralie Coal’s Application & submission period (Wednesday 7th March 2012 to Friday 23rd March 2012) is rescinded and stamped "null and void'.  


Yours faithfully

Amanda Albury – Secretary PH: 4997-5979

Ironstone Community Action Group Inc. (ICAG Inc.)