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Amenity barriers may not be sufficient as a mitigation measure to reduce visual impacts particularly where the barriers themselves would be visible as additional human-made features and as such have an unacceptable impact. While the project was found to have positive social impacts in terms of local employment and stimulation of the economy, the benefits were still insufficient to outweigh the other negative social impacts.
This will be particularly important where residents have a deep attachment to an area. Further, proponents will need to consider whether any proposed mitigation strategies will contribute to the negative social impacts of the project, for example, as a result of negatively impacting the scenery or amenity. The Court recognised the sizeable public benefits of employment, royalties to the NSW Government, and infrastructure contributions to the local council. However these public benefits were held not to outweigh the significant adverse land use and visual and social impacts in addition to climate change.
The decision emphasises the importance of proponents providing measures to minimise impacts and any incompatibility with existing, approved and likely preferred uses in the vicinity, including uses which are likely to occur after decommissioning of the project. This will take on heightened importance where a project is proposed to be located on strategic agricultural land, with the proponent needing to demonstrate that its rehabilitation plan will successfully restore the agricultural capability of the land.
Comparable examples of mine rehabilitation will assist, being examples which are of a similar scale to the project, and which have been successfully used over a period of time, for example, cropping or agricultural production.
Where a proponent can provide a bundle of public benefits that can, on balance, outweigh the combined costs of the project and the public benefits of the existing approved and likely preferred uses, the project will likely to be considered assessed and determined differently to the Rocky Hill mine.