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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-11-18 Daily Xml
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PENRICE MINE

The Hon. DAVID WINDERLICH (15:06): I seek leave to make a brief explanation before asking the Minister for Mineral Resources Development a question about the Penrice mine at Angaston.

Leave granted.

The Hon. DAVID WINDERLICH: Members may be aware that the Penrice mine has dramatically expanded its operations in the past two years to provide fill for the Northern Expressway. Community concern about the noise, hours of operation, heavy truck movements and dust have led to the establishment of the Penrice Community Consultative Group to provide a forum for the flow of information and advice. According to the terms of reference, Penrice Quarry and Mineral is responsible for resourcing and participating with and maintaining to the satisfaction of PIRSA a community consultative group. The independent Chair, Mr Charlie Irwin, was appointed by a selection panel comprised of Penrice, PIRSA and the council. However, two problems have emerged with the process of the Penrice Community Consultative Group.

Community members called for indemnity against legal action at the first meeting of the Penrice Community Consultative Group on Wednesday 5 November 2008. This still has not been provided, and since that time members of the local community allege that they have been threatened with legal action by Penrice for publicly criticising the mine. The provision of legal indemnity is the responsibility of Crown Law.

The second problem that has emerged with the process is that Penrice and PIRSA have begun drafting a management and rehabilitation program for the mine separately from the Penrice Community Consultative Group meetings, thus shutting out community participation. My questions are:

1. Is the minister aware of concerns about legal action by Penrice against community members?

2. Will the minister undertake to write to Penrice pointing out the desirability of maintaining positive relationships with the community?

3. Will the minister undertake to write to Crown Law to urge it to fast-track the provision of legal indemnity to community members of the Penrice Community Consultative Group?

4. Will the minister direct PIRSA to ensure that the Penrice Community Consultative Group is involved in the drafting of the management and rehabilitation plan so that community members can have an input into something that greatly affects their lives?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (15:08): I am pleased that the honourable member recognises the initiative of the government in establishing the community consultation group at Penrice. The government was concerned some time back (at least 12 months ago; perhaps longer) when we received some community feedback in relation to issues that the local community was having with Penrice. It was as a result of that that the government was called in, and I was at those meetings with the Chief Executive of Penrice, after I had had meetings with the local community.

It was at the instigation and initiative of the government that that community group was established. The whole idea of that community group was that it would have an active involvement to put the community views in relation to the future operations of the quarry at Angaston operated by Penrice. So, the government is certainly well aware of the history of this. There was an issue raised.

The government first established one of these community consultation groups with the Angas mine at Strathalbyn, and it is now the government's proposal that these sorts of groups should be incorporated into all new operations of this nature. Members might recall that the former premier Dean Brown, as a former member for that area, chaired that committee—and I have to say he did a very good job. Also, it involved the local member for the area down there.

That was really the first example of where PIRSA had used this approach, and it was something we decided that we would extend, given the experience of that group, to the Penrice quarry. Issues have been raised in relation to the liability issues involving members there. I am not aware of any threats being made to individuals by Penrice, but I am certainly aware that the community had concerns that they could be liable for the work on that committee and, as a result, the government sought Crown Law advice.

Unfortunately that advice was a long time coming, but I believe the government recently received it, which I will check on and confirm. Once that advice is there, we would certainly ensure that the people serving on that committee do not suffer any legal liability from that work, and essentially that is why we are waiting for Crown Law advice. I understand community members a week or two ago stated that they would not further serve until that matter is resolved. I understand why they are doing that and we are seeking to resolve it as soon as possible. We are happy to do that.

In relation to the latter part of the question, the whole point of having the community consultation group was to ensure that they have an input into the future of the mine and not just in relation to the operation of the plan and the mine operation plan currently developed. There are issues as to the future of that mining operation. One of the concerns of residents, which I can well understand, is the visual impact that the overburden dump could have potentially on the amenity of the Barossa Valley. That has been made clear to the company.

I understand that a lot of the overburden currently visible from the valley floor is to be transported as part of the Northern Expressway, but certainly in the longer term we would expect that the visual impact would be greatly diminished, either with proper screening or removal of some of the overburden. Certainly in the meetings I have had I have made clear that we expect it to be addressed during the course of the operations of the mine over the next few years. Clearly residents of the Barossa Valley in the vicinity of that mine should have an impact through an effective community consultation committee. I hope that I can find a way, acting on the Crown Law advice, to ensure that all residents have proper protection in relation to performing their tasks on that community consultation group, as that is what the government intended when it was set up a year or two ago.

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