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 Fatality raises questions 

Fatality raises questions

15 Jan, 2010 09:21 AM
A fatal accident on Wybong Road last Thursday has caused a number of concerns to re-surface about the use of the narrow road way by Xstrata’s Mangoola mine at Anvil Hill.

The accident occurred at about 4.50pm on Thursday, January 7 when a Toyota Hilux utility travelling west collided with an oversized truck carrying an articulated loader to the mine.

Maitland man Dave Patten, 55, who was driving the utility, was killed as a result.

The crash took place on a corner on an area of the narrow road, west of Muswellbrook.

Police and emergency services attended the crash scene.

Inquiries into the cause of the crash are continuing, however, it appears that the west-bound ute collided with the east-bound semi trailer.

The male truck driver was not injured and was taken to Muswellbrook Hospital to undergo mandatory tests.

The road remained closed in both directions for several hours while officers from the Newcastle Crash Investigation Unit conducted inquiries into the cause of the crash.

A report will be prepared for the coroner.

The fatal crash has caused a re-surface of community concerns to resurface on the use of the road by mine trucks and sparked concern over the original backing of the mine project by Muswellbrook Shire Council.

Council agreed to support the project in November, 2009.

This was despite the need for coal trucks to use the western part of Wybong Road.

It was this section of the road where Mr Patten was killed.

A motion was passed at the November 9 council meeting to allow Xstrata to undertake site operations before the eastern part of Wybong Road was completely upgraded.

In a statement Muswellbrook Shire Mayor Martin Rush refuted claims made by The Newcastle Herald on Tuesday that claimed he had used executive powers to withdraw council support for the project.

Cr Rush said the statement that council no longer supported Xstrata’s Mangoola mine project was false.

“A resolution containing support for the mine was rescinded but it was immediately replaced with a resolution giving support in similar terms but which also included a condition requesting the provision of a (fresh) construction traffic management plan.”

“Abundant caution and the promotion of best practice prompted the resolution, not a determination of inadequacy in the present processes,” Cr Rush said.

“Xstrata and Council continue to work together on the technical matters required to be addressed in the traffic management plan and hope to resolve the matters by Monday.

“Any arrangement will be subject to a further review after the investigation into the traffic fatality which occurred on January 7 has been conducted and the findings made public,” he said.

Last Friday Cr Rush and council staff assessed the area of road where the accident occurred to see if changes were required.

He said the road didn’t appear to be the issue with only some slight changes to be made.

Concerned Wybong residents of Wybong Action Group again expressed their surprise and disgust at the council’s approval of use of the road.

Wybong Action Group president John Shewan said the residents of Wybong consider that council’s decision is a primary factor in the set of circumstances culminating in the death of Mr Patten.

"Had council insisted that the road upgrade be completed prior to expressing its satisfaction with the works (planned but not substantially concluded) this load would never have been hauled via Sandy Hollow and would, per consent conditions, have been hauled via the upgraded Bengalla Link and Wybong Road (East) mine access roads,” Mr Shewan said.

“Wybong Action Group will call on council and Xstrata to cease the use of Wybong Road (west) from Sandy Hollow as a heavy oversize haulage route immediately on completion of the Wybong Road (east) upgrade unless a similar upgrade is immediately thereafter commenced on Wybong Road (west) from the mine access road to Sandy Hollow to be completed within 18 months from commencement.”

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Muswellbrook Shire Mayor Martin Rush and council staff assess the condition of Wybong road where the crash occurred last week.
Muswellbrook Shire Mayor Martin Rush and council staff assess the condition of Wybong road where the crash occurred last week.

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