AFTER more than a decade of being ignored, Cliff Godwin believes it would be useless to urge the NSW government to have a heart towards the plight he and his neighbours face.
But the 85-year-old says the Minns government ought to have a conscience.
"Let's just hope that they grow a conscience and do the right thing," Mr Godwin said.
"I know I don't have too much longer in this house, but I'm supposed to be leaving it to my daughter, and if I can't get this resolved while I'm still about, all I'll be leaving for her is a mess. It's really upsetting."
For more than a decade, Mr Godwin, his wife Jacqui, and their neighbours have been fighting a losing battle to stop contaminated minewater from a NSW government-owned property at Ashtonfield from inundating their land and damaging their homes.
The water flow from next door has created a large hole under the slab of the Godwins' home. The elderly couple, both in wheelchairs and battling failing health, can't access their side or back yards because the pavers are buckled and twisted, despite being relaid three times.
Promises have been made in the past, and abandoned.
"We're certainly getting more attention now, that's for sure," Mr Godwin said. "We just have to hope that it turns into real action, and that includes not just stopping the water but fixing the damage that they have caused to our properties. I just don't understand how they think it is OK to do this to us."
The NSW Mine Subsidence Board, now Subsidence Advisory NSW (SANSW), purchased the neighbouring property at 36 Murphy Circuit in 2017 following a mine subsidence claim by the then owners.
Acid-laden mine water has eaten its way up through the concrete slab of the house, making it uninhabitable. Timber beams have been nailed to the external brick walls for support, and a drainage system has been installed to divert the contaminated water, but it's constantly overrun or blocked.
Following a Newcastle Herald investigation last month, Minister for Better Regulation and Fair Trading, Anoulack Chanthivong, who is responsible for Subsidence Advisory NSW, convened a working group of government agencies to "discuss the ongoing issues raised by residents".
On Friday, workers visited the homes of the neighbours, informing them they were trying to stop the water flow.
"SANSW is completing weekly inspections of 36 Murphy Circuit and regular work to support water drainage at the property," a spokeswoman for Mr Chanthivong said this week.
"Additional investigations and works are being considered for the property and nearby area.
"There is an expectation that SANSW engages closely with residents as part of any future work it undertakes in the area."
The move was described by the neighbours this week as a "small step in the right direction".
Daniel Campbell, whose pool is on the verge of collapse due to undermining by the constant water flow, said the concerning thing was that the remarks did not address broader concerns about the damage to the neighbouring properties.
The residents want the government to pay for an independent building inspector to assess their properties and any damage caused by the water to be fixed.
"We want the water stopped, but we also want them to properly assess the damage to our properties and fix the problems they have caused," Mr Campbell said.
"They can't just walk away from this as Subsidence Advisory has done before and look the other way like it's not happening. We're talking about our homes and our lives."
After buying 36 Murphy Circuit for $675,000 in 2017 following a mine subsidence claim, the official narrative completely changed.
Subsidence Advisory officials called the neighbours to a meeting at East Maitland Library in April 2018 and told them the problem was not due to mine subsidence. According to Subsidence Advisory, it had engaged a different consultant and the problem was now determined to be a groundwater spring.
It's understood that several conflicting expert reports have been done on the property, but none have ever been shared with the residents.
Since then, any attempts to gain assistance have been futile.
Tracey Gaddelin, whose house constantly sits in a pool of orange water, said while she was hopeful of "real action", she was also sceptical.
The single mum of three bought her house in December 2021. It was supposed to last the 51-year-old for the rest of her life, but she barely got six months in it before realising something was very wrong.
Ms Gaddelin said while the first step was to stop the water from inundating the neighbours, and she welcomed Subsidence Advisory workers inspecting her property on Friday afternoon, it was only fair that any damage caused was also repaired.
She wants the value added back to her property, which Subsidence Advisory's pollution had taken from her.
"I will happily open my front door for Minister Chanthivong and give him a tour of my property so he can see firsthand the damage. I welcome him to come and take a look," she said.
"This type of situation is the exact reason why people don't trust the government and government agencies. Past behaviour is all we can judge them on."
In 2017, Subsidence Advisory had the residents sign consent forms for "dilapidation reports" to be done on their properties to determine their condition.
Mr Campbell said the reports were never given to the residents, and he wants to know where they are.
"We should be given access to anything they have that details the damage they have caused to our properties," he said.
"There also needs to be new inspections done to clearly show how much worse it has gotten over the past decade, since they told us they wouldn't help us and it wasn't their problem."
The Herald asked Minister Chanthivong about the dilapidation reports, but did not get a response.
Mr Campbell said, despite what the different Subsidence Advisory consultant reports say, it's clear to the neighbours where the water is coming from.
"It's coming from a property that is owned by the NSW government," he said.
"It's clearly coming from their property into our properties, and that can't be disputed because we can see it. Now we just want them to please fix the damage it has caused."
The neighbours' desperation and mistrust of Subsidence Advisory is all too familiar.
The latest controversy follows revelations that Subsidence Advisory has been involved in high-profile Hunter cases in which it has lied, misled and withheld crucial information to avoid paying mine subsidence claims.
The NSW Environment Protection Authority and Maitland City Council said Subsidence Advisory was responsible for the situation at Ashtonfield.
Maitland MP Jenny Aitchison visited the properties last month and is advocating on behalf of the residents.
