DESPITE the odds stacking up against it, NSW Department of Primary Industries remains tight-lipped in the push to force coal miner Whitehaven to reveal crucial information about groundwater at Werris Creek, in the Liverpool Plains.
Neighbouring farmers blamed the mine when their bores ran dry last year, prompting a call for compensation and the release of documents relating to groundwater monitoring data and relevant correspondence about the issue between Whitehaven, government and independent experts. Unexpected groundwater impacts from mining are also cited by landholders as a key concern over Shenhua’s bid to dig a nearby mine Watermark.
The Quipolly Water Action Group was formed and NSW Environmental Defenders Office (EDO) to push for DPI and Whitehaven to release the information.
NSW’s Information Commissioner fielded their initial request and found in their favour. But the Commissioner’s decision isn’t binding and DPI rejected the request, citing the commercial nature of the information.
The group has taken the case to the NSW Civil and Administrative Tribunal and EDO’s chief executive Sue Higginson is confident the tribunal, which issues binding decisions, will force DPI to release the information in the public interest.
Last year, landholders commissioned the University of NSW Water Hydrology Laboratory to investigate. The study said Whitehaven’s mine was at least partially responsible for drawdown in the alluvial aquifers at Werris Creek.
DPI commissioned a review of UNSW’s findings from independent hydrologist Dr Noel Merrick, who’s modelling found the mine is not to blame for the draw-down, instead pointing the finger at declining rainfall as the likely cause.
A spokesman said the Department is following proper procedures, but declined to elaborate about why the information was withheld.
“(DPI) will continue to review outcomes from the NSW Information Commissioner and the NSW Civil and Administrative Tribunal”.