Wambo Coal AEMR 2010-2011 - Peabody Energy

aemcWambo Coal Mine, Rail Loop and Coal LoaderIndependent Environmental Audit – Minister’s Condition of Approval5/7 If the independent review determines that the development is notcomplying with the air quality and/or noise impact assessmentcriteria listed in schedule 4 at the dwelling, but that several minesare responsible for this non-compliance, then the Applicant shall ,with the agreement of the landowner and other mine(s) prepare andimplement a Cumulative Air Quality and/or Noise ImpactManagement Plan for the land to the satisfaction of the Director-General. This plan must provide the joint approach to be adopted bythe Applicant and other mine(s) to manage cumulative air qualityand/or noise impacts at the landowner‟s dwelling, and theacquisition of any land.If the Applicant is unable to finalise an agreement with thelandowner and/or other mine(s), and/or prepare a Cumulative AirQuality and Noise Impact Management Plan, then the Applicant orlandowner may refer the matter to the Director-General forresolution.If the matter cannot be resolved within 21 days, the Director-Generalshall refer the matter to an Independent Dispute ResolutionProcess.If, following the Independent Dispute Resolution Process, theDirector-General decides that the Applicant shall acquire all or partof the landowner‟s land, then the Applicant shall acquire this land inaccordance with the procedures in conditions 9-11 below.5/8 If the landowner disputes the results of the independent review(referred to in condition 4), either the Applicant or the landownermay refer the matter to the Director-General for resolution.If the matter cannot be resolved within 21 days, the Director-General shall refer the matter to an Independent Dispute ResolutionProcessNotedNot activatedNotedNot activatedLand Acquisition5/9 Within 6 months of receiving a written request from the landowner,the Applicant shall pay the landowner:(a) the current market value of the landowner‟s interest in theland at the date of this written request, as if the land wasunaffected by the development the subject of the DA, havingregard to the:existing and permissible use of the land, in accordance withthe applicable planning instruments at the date of thewritten request; andpresence of improvements on the land and/or any approvedbuilding or structure which has been physically commenced Letter from Smith DunlopLawyers re Kannar Estate,1096 and 1138 Jerrys PlainsRoad and 92 High RoadWarkworth, 23 Sep 2005 Letter from M Webb Bros PtyLtd re Receipt of Cheque forKannar Estate, 1096 and1138 Jerrys Plains Road and92 High Road Warkworth, 10Nov 2005YesOngoing (ifrequired)Written requests were received by Wambo between September2005 and November 2006 for the acquisition of properties ownedby Haynes, Kannar and Hawkes.Kannar property was purchased in November 2005 inaccordance with the consent conditions.Haynes property was purchased in September 2006 inaccordance with the consent conditions.Skinner property was purchased in September 2009 inaccordance with the consent conditions.Hawkes property agreement reached for purchase in 2009 inaccordance with the consent conditions.trevor brown & associates 83applied environmental management consultants