PazBoz,The instrument by which the Power Station owners use the...

PazBoz,

The instrument by which the Power Station owners use the coal is a Mine Plan, a state approved doc under state and federal acts. At its approval (LYA - pre privatisation, TRU/YE 2001, IP/ Hazelwood variation to move the river approx 2005 or 06) the approving authorities could (with emphasis) attach conditions.

LYA and YE have no conditions.

Haz has a carbon emission limit at the Power Station. Whole different story, see

http://www.dse.vic.gov.au/CA256F310024B628/0/A3B1F3F62FF80A8ACA2572F90013797D/$File/Hazelwood+Mine+West+Field+EES+Assessment+Guidelines.pdf

If there are no conditions placed, then according to black letter law they can do as they chose once it is dug up according to the plan.

Unless (and until) the owner seeks to vary the mine plan, then the bureaucrats don't get a look in. However, if you upset them they can make life difficult, so the owner would most probably seek an informal approval, especially if you need (down the track) approvals for transport or other infrastructure that would require bureaucratic approval.

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