The office has raised concerns that former National Party MP Garry West is the chairman of the Caroona mine community consultative committee (CCC), and is often the chairman of PACS determining mining projects. The role involves providing liaison between BHP Billiton and the community. In most cases the fee for the chairperson role and expenses are paid by the mining company, though a spokesman for the PAC said in this case the fee was paid by the NSW Department of Resources and Energy. While Mr West now only serves on this CCC, the former NSW energy and environment minister has held several similar positions in the past. His 2012 register reveals he was also chairman of the community committee for the Ulan Coal mine being developed by Xstrata; Moolarben mine and Austar mine, both being developed by Yancoal; and the Integra Mine, being developed by Vale. He has since ceased to hold these roles. In the past three years he has served on commissions deciding major mine projects including Rio Tinto's Warkworth mine extension near Bulga, the Wilpinjong mine in the Upper Hunter, and the Glencore Xstrata Mangoola mine modification. The EDO has also raised concerns about another member, Bob McCotter, who has a consultancy, McCotter Consulting Services and a company McCotter Investment Services, which is described on PAC's website as a venture capital and property investment advisor. Between 1999 and 2003 he was deputy chairman of Environmental Resources Ltd, one of the largest environmental and planning services consultancies in the oil and gas, mining and power sectors.

The complaint points to Mr McCotter's attendance at an industry conference in 2013, in the Hunter, where Mr McCotter was a speaker. The EDO says then PAC chairwoman Gabrielle Kibble was also invited but pulled out, and says attendance at industry forums is inappropriate. Mr McCotter was quoted as telling the conference it was up to the government to keep mining strong in the region and it was "virtually impossible to get a win-win situation for everyone with mining". Mr McCotter has also declared he has shares in BHP Billiton, Rio Tinto, Santos, AGL, Flinders Resources, Kimberley Metals, Origin Energy, New Hope Corporation, and KBL MIning. The size of the holdings is undisclosed. In a prepared statement the PAC said Mr West has not worked on any mining project he has held a community consultative committee role with. Mr West said the matter had been investigated by the Ombudsman and was now closed. The PAC said Mr McCotter has only worked on six projects for the Planning Assessment Commission, one of which was a coal seam gas proposal that was refused. Mr McCotter said he had been invited to speak at the conference by the Australasian Institute of Mining and Metallurgyand that it had been a professional development event, which was also attended by environmental groups. He considered it appropriate. The PAC said it welcomed the NSW Ombudsman's advice and was in the process of implementing it.

The new policy says the chairperson must take into account the skills and background of each member relevant to the matter that is before the Commission, balanced against the member's personal interests." "The practice outlined in the policy, of considering the members' declared interests prior to nominating them to a project, has generally ensured that members are not appointed to consider projects that they have a declared interest in," the PAC said. Obviously the government needs expertise on mining, but it also has to manage potential conflicts and reassure the public it is doing so. The register of disclosures is only available by making an appointment to visit the PAC's offices and no copies may be made. Ms Higginson said the bar should be set very high for PAC. "From the community's perspective the PAC is its only opportunity to have the impacts of a large coal or gas project independently assessed, free from the government and the proponent. "

She said when a PAC holds a public hearing into a project, the community loses its right to appeal the decision and have the impacts reviewed by the Land and Environment Court. "The loss of these appeal rights has left many in the community feeling confused and as if the system is being manipulated to lock them out," she said. She said the Independent Commission against Corruption had recommended to the NSW government that the type of appeal that the public hearing removes should be extended because it acts as an anti-corruption measure. Other members of the PAC have also disclosed ties to the mining industry Professor Jim Galvin, an expert in mine geology, has disclosed he is a member of the Mine Managers Association of Australia and member of the Coal Innovation board of NSW, which hands out grants for projects to develop low emission coal and carbon capture technologies. He has also declared that his daughter is manager of strategic planning for Coal and Allied/Rio Tinto.

The PAC said: "Mr Galvin has not been appointed to consider or determine any applications sought by Coal and Allied or Rio Tinto." Another member, John Cook, is chairman of Tellus Rockvault, a company that is establishing salt mining in the Northern Territory and kaolin clay mining in WA. He has no interests in mining in NSW.