THE controversial Mangoola mine at Anvil Hill could be stopped by Muswellbrook Shire Council, which has sensationally withdrawn its support for the project.
Muswellbrook Mayor Martin Rush used his executive powers to quash a November council decision allowing construction work to begin, citing safety concerns after a fatal accident last week involving an oversized truck carrying equipment to the mine.
It is unclear whether the move by Cr Rush will carry enough weight to halt construction work at the mine, because the NSW Department of Planning approved the project and the council only has input into the roadworks.
Xstrata Coal lawyers say they believe the development approval will be unaffected.
The council gave Xstrata permission to begin construction in November, prior to the completion of the required Wybong Road upgrade.
But the project has been thrown into chaos after a contractor at the mine was killed on the road.
The man, Dave Patten, 55, was driving a ute along Wybong Road and clipped the front of an oversized truck carrying an articulated loader to the mine. Police said the truck complied with all regulations.
In a letter sent to Xstrata the day after the crash, Cr Rush said it was uncertain whether Xstrata had permission to use the western end of Wybong Road for construction traffic.
He cited "compelling reasons" for rescinding council support for work to begin.
"I cannot be satisfied, as I must, that the present arrangements (particularly the manner of escorting over-dimensioned vehicles) are safe in light of what has now occurred," Cr Rush wrote.
"Although a detailed finding will in due course be provided . . . a preliminary assessment discloses some combination of speed, inattention or inobservance by the lighter vehicle of the heavier vehicle involved in the incident."
An Xstrata spokesman said yesterday the company was discussing the matter with the council.
The Herald understands the parties disagree on whether a traffic management plan has been enacted.
The spokesman said Xstrata was supporting the contracting company that employed Mr Patten to assist his family.
Centennial Coal was given consent for the mine in mid-2007, with attached conditions that required heavy vehicles to access the mine from the Muswellbrook side, via a link road.
Xstrata bought the mine and applied to vary those conditions in April 2008, on the proviso it upgrade 15 kilometres of Wybong Road at the Sandy Hollow end.
The accident occurred on a section of the road not required to be upgraded.
At the time, residents expressed their concern about safety risks on the narrow stretch of road used by locals and a school bus.
Anti-mine activist Christine Phelps, now a Muswellbrook councillor, told The Herald in 2008: "Modifying the consent conditions . . . ignores community concerns about general mine traffic and heavy vehicles on Wybong Road."
"There are huge noise implications for residents and major safety concerns for people using the road as it is a windy, narrow rural road used by people on farm machines and horses . . . ," Cr Phelps said.
Cr Phelps said yesterday the community expected action from the council.
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