November 2004 (PDF 11.6 MB) - Barrick Gold Corporation

How future affected landowners would be treatedThe council may act on behalf of future owners ofthese properties. The existence of an agreementaffecting such land may be in the form of informationprovided on Section 149 Certificates routinelyobtained by purchasers of properties.The effect on property values of any agreement mayin itself be part of the negotiations.How the agreement could be enforcedThe agreement would need to be enforced to theextent that it imposed obligations on the proponent.This could be achieved by making these obligationseither development consent conditions or licenceconditions. The obligations would need to beexpressed clearly and unambiguously. The conditionsmay also need to specify a way of measuringclearly whether the proponent has fulfilled theseobligations.Further, the conditions must be reasonable from thepoint of view of existing and future landowners.MediationAn integral part of the process may need to be amediation and dispute resolution process, as thereis the potential for contentious issues to be raised.ReviewThe consent or licence conditions could also providefor a review after a certain period. The conditionscould then set out the method of review andthe fact that the licence conditions may be changedas a result of that review.The conditions could provide for the review periodto be shortened where the original conditionsforming the basis for negotiations had changed.Any review period should be of sufficient durationto give certainty to the proponent for the operationof the facility.NSW industrial noise policy46