A “PROTECTIVE legislation directions paper” outlining ways in which the Margaret River wine region can be protected from inappropriate mining and gas extraction is to be considered at today’s Augusta-Margaret River Shire Council meeting.
The paper identifies amendments to the Mining Act 1978 and to the Petroleum and Geothermal Energy Resources Act 1967, as well as to the South West Planning Framework and the Leeuwin-Naturaliste Ridge Statement of Planning Policy 1998 as “opportunities for reform”.
It was prepared under the auspices of shire president and Capes Regional Organisation of Councils chairman, Ray Colyer, to be considered by Augusta-Margaret River and Busselton councils, with the aim of it being adopted as CapeROC’s formal united front against inappropriate exploration or extraction proposals.
Changes to Section 121 of the Mining Act could put “more emphasis” on state bodies being involved “relating to environmental, planning and social considerations in determination of mining licences”, the draft directions papers states.
It also proposes the Act be amended to include local government comment as part of the decision-making process, and that similar amendments could also be made to the Energy Resources Act.
The South West Planning Framework, a broad planning blueprint guiding development in the region over the next 20 years, is about to be reviewed. This provided an opportunity to “articulate the need to ensure agriculture, viticulture, horticulture and tourism are able to sustainably develop”, the draft paper states.
It also identified a review and similar changes to the Leeuwin-Naturaliste Ridge Statement of Planning Policy with suggested inclusion of all of the Margaret River wine region into the ridge policy area.
Chief executive officer Gary Evershed, in his report to today’s meeting, has recommended the council adopt the directions paper and write to Premier Colin Barnett advising him of its “opposition to coal mining and gas extraction in the Margaret River wine region and expressing a desire to be included in any consultations and legislative and policy development or amendment at the earliest stages”.
Mr Barnett has previously promised to consider introducing legislation to protect the Margaret River wine region, similar to that protecting the Swan Valley.
Mr Evershed’s report stressed that the council should be “expressing a desire to be included” right from the beginning in any consultation regarding protective legislation or policy development or amendments.
“Feedback” from the Shire of Swan and from a former local MLC had indicated legislation like the Swan Valley Planning Act could have “unintended consequences”, such as creating extra “red tape”, “frustrating” legitimate development and artificially lowering property values by reducing development potential, he stated.
Mr Evershed has also recommended the council formally “note” Environment Minister Bill Marmion’s rejection, just before Christmas, of the Vasse Coal Management Pty Ltd proposal to mine coal at a site off Osmington Road and that the Coal Mine Community Advisory Committee, formed to help coordinate the fight against the proposal, be disbanded.
He stated in his report that Mr Marmion’s decision on the Vasse Coal Project “will now strengthen the council’s position” of opposition to mining and gas extraction – including an application by Western Coal Pty Ltd for four coal seam gas exploration licences covering areas in both Busselton and Augusta-Margaret River shires.
However, Mr Evershed warned that Mr Marmion’s decision was not the end of the process and that he was required by the Environment Protection Act 1986 to consult with relevant decision-making authorities.
“Both shires in the Capes region need to be vigilant of any further developments in the process and any further legal challenges which may be attempted by any of the appellants,” he stated.
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