We have appealed the decision from the NSW Resource Regulator and asked them to reconsider. Below are the reasons why they rejected to provide us the maps, together with our reply to Subsidence Advisory and the NSW Resource Regulator on why we should receive.
• under section 121(6a) you must demonstrate that there is a legitimate concern about a risk to the health and safety of a person and that the provision of the survey plan available is likely to lessen that risk. You have not demonstrated how the provision of the plans are likely to lessen the risk to health and safety from any mine workings.
Since your last visit in 2019, we have had wall collapse almost inline with the subsidence events on Maitland Road. I have enclosed a photo of such collapse for your reference. Subsidence Advisory has previously taken photo of this area during you 2019 visit. As you can see, there is a safety aspect of the mines/location.
38 Maitland Road Wall Subsidence Comparison
• under section 121(6b) you must demonstrate that there is a legitimate public interest. A public interest is distinguishable from a private interest, where a private interest could be considered a self-interest to pursue a course of action for individual circumstances. No clear public interest has been demonstrated.
In a number of previous reports to the Government bodies including Subsidence Advisory, I have provided details about sinkholes in front of 38 Maitland Road. These holes are directly in front of our building. Please find enclosed the 2012 sinkhole (previously I sent you this in 2019 – this now was bigger than the 2020 sinkhole) and the sinkhole in 2020 after your subsidence team visited ….As you can see, these should be in the public interest.
38 Maitland Road Footpath Sinkhole Comparison
We are now waiting for the NSW Resource Regulaor for the final decision.