Coal Seam Gas exploration and mining is of increasing concern in our region, and I have put out an updated statement regarding my position on this.
In June I published a statement expressing my serious concerns about Coal Seam Gas and in particular what it may do to our water.
The industry has not addressed this concern and the states have not yet put in place a system of checks and balances to ensure protection of our groundwater.
My concerns have not abated, but deepened, and the gas industry involved in CSG has not done anything to address them.
The march of CSG exploration across our land has caught many in our community, particularly local farmers, unawares.
The state laws that control mining have always allowed the mining companies to come onto our land but never before have had we had them wanting to carve up our community.
The Federal Minister for Resources and Energy, Martin Ferguson, who supports the CSG industry, has conceded that it has grown too quickly.
He said mining companies have concentrated on their investment decisions; and they now have to concentrate more on community engagement. He further said that he wanted to work with the states to craft a workable system of managing the industry.
I have sought the assistance of the Minister for the Environment, Tony Burke, on this matter asking him to explore the nature and extent of his power vis-à-vis the Environment Protection and Biodiversity Conservation Act and the Federal Water Act, meeting with him and department officials as recently as October 11.
At my request the Parliamentary Library has provided briefing papers on CSG generally and on the issue of the Federal Government’s power to regulate, and whether they have constitutional power or not.
This point remains unclear, but the Federal Government would have a fight on its hands with the states as water management is their constitutional responsibility.
It is the states who do have to act. It is their responsibility, and within their power, particularly in our state of NSW with three mining laws and seven applicable environmental laws.
In May the NSW Government announced a 60 day moratorium on new CSG developments which I welcomed as a first step. When the moratorium expired the State Government announced new rules, including a ban on the use of BTEX chemicals, new public consultation guidelines and a moratorium on fraccing until December 31. But these measures don’t go nearly far enough, and with the fraccing moratorium due to expire next month, they don’t address the concerns of farmers and community regarding our water and the mining companies’ unfettered right to rip up farming and prime agricultural land.
The Federal Minister for Agriculture, Fisheries and Forestry, Senator Joe Ludwig, is encouraging his state and territory counterparts to develop what he calls a harmonised framework on future CSG developments.
Minister Ludwig has said it is time for the states and territories to adopt a more robust means of ensuring protection of the environment, water and land use.
This would provide for a consistent set of rules for the future development of the industry.
Both Minister Ferguson and Minister Ludwig have it on the agenda of their respective Federal, State and Territory Ministerial Councils. It would be helpful if an Industry and Government working group was established, as has happened in other areas.
As I said in my original statement, I have discussed with Independent MP Tony Windsor his plans to introduce changes at the federal level to require region-wide water assessments before new mining proceeds.
But while I support what Tony Windsor is trying to achieve, I am not yet legally persuaded that his Bill is the way to go about it.
I am afraid that his proposed legislation:
*would not address the issue of farmers wanting to restrict mining company access to private property for purposes of exploration-that will remain a state constitutional responsibility.
*would not address the protection of prime agricultural land as it does not address the state constitutional responsibility
*would lead to a significant fight with the states as water management is a state constitutional responsibility.
However it is a useful approach to keep us all engaged on the issue as we grapple with the complexities.
I go back to the concern expressed by the National Water Commission, which has warned that …‘the consequences of not managing the water risk and uncertainties associated with the economic benefits of CSG are substantial’.
And that remains unaddressed.
I shall continue to advocate strongly on this matter.