Coal & Coal Seam Gas 'Water Trigger' amendment passes both Australian Houses of Parliament despite Coalition attempts to cripple it

 

On 19 June 2013 the C’wealth Environment Protection and Biodiversity Conservation Amendment Bill 2013, commonly called the Water Trigger Bill, was voted into legislation by the Australian Parliament.

 

This amendment strengthens the Commonwealth’s power to intervene in relation to water resources, but still leaves regions such as the Northern Rivers vulnerable to exploitation by the coal seam gas industry and an arrogant Coalition state government.

 

The bill as passed by both Houses.

 

Excerpt:

 

Subdivision FB — Protection of water resources from coal seam gas development and large coal mining development

24D   Requirement for approval of developments with a significant impact on water resources

             (1)  A constitutional corporation, the Commonwealth or a Commonwealth agency must not take an action if:

                     (a)  the action involves:

                              (i)  coal seam gas development; or

                              (ii)  large coal mining development; and

                     (b)  the action:

                              (i)  has or will have a significant impact on a water resource; or

                              (ii)  is likely to have a significant impact on a water resource.

Civil penalty:

                     (a)  for an individual—5,000 penalty units;

                     (b)  for a body corporate—50,000 penalty units.

             (2)  A person must not take an action if:

                     (a)  the action involves:

                              (i)  coal seam gas development; or

                              (ii)  large coal mining development; and

                     (b)  the action is taken for the purposes of trade or commerce:

                              (i)  between Australia and another country; or

                              (ii) between 2 States; or

                              (iii) between a State and Territory; or

                              (iv) between 2 Territories; and

                     (c)  the action:

                              (i)  has or will have a significant impact on a water resource; or

                              (ii) is likely to have a significant impact on a water resource.

Civil penalty:

                     (a)  for an individual—5,000 penalty units;

                     (b)  for a body corporate—50,000 penalty units.

             (3)  A person must not take an action if:

                     (a)  the action involves:

                              (i)  coal seam gas development; or

                              (ii)  large coal mining development; and

                     (b)  the action is taken in:

                              (i)  a Commonwealth area; or

                              (ii) a Territory; and

                     (c)  the action:

                              (i)  has or will have a significant impact on a water resource; or

                              (ii)  is likely to have a significant impact on a water resource.

Civil penalty:

                     (a)  for an individual—5,000 penalty units;

                     (b)  for a body corporate—50,000 penalty units.

             (4)  Subsections (1) to (3) do not apply to an action if:

                     (a)  an approval of the taking of the action by the constitutional corporation, Commonwealth, Commonwealth agency or person is in operation under Part 9 for the purposes of this section; or

                     (b)  Part 4 lets the constitutional corporation, Commonwealth, Commonwealth agency or person take the action without an approval under Part 9 for the purposes of this section; or

                     (c)  there is in force a decision of the Minister under Division 2 of Part 7 that this section is not a controlling provision for the action and, if the decision was made because the Minister believed the action would be taken in a manner specified in the notice of the decision under section 77, the action is taken in that manner; or

                     (d)  the action is an action described in subsection 160(2) (which describes actions whose authorisation is subject to a special environmental assessment process).

             (5)  A person who wishes to rely on subsection (4) in proceedings for a contravention of a civil penalty provision bears an evidential burden in relation to the matters in that subsection.

 

Liberal-Nationals Federal Coalition failed amendment seeking to hand back powers to the states, as it was put to the Senate.

 

Excerpt:

 

Schedule 1, page 9 (after line 31), after item 18, insert:

 

18A  Section 528 (at the end of the definition of coal seam gas development )

Add “, but does not include exploration, assessment or appraisal pursuant to a petroleum title granted under a law of a State or Territory.”.

[definition of coal seam gas development]

(4)           Schedule 1, page 9 (after line 31), after item 18, insert:

18B  Section 528 (at the end of the definition of large coal mining development )

Add “, but does not include exploration, assessment or appraisal pursuant to a minerals exploration licence or permit granted under a law of a State or Territory.”.

[definition of large coal mining development]

Liberal-Nationals Federal Coalition failed other amendment.

Perhaps the National Party’s federal election candidate in the Page electorate, Kevin Hogan, might like to explain how he (as a candidate who has never held political office) would stop these or similar Coalition amendments being put to the Parliament should he become a member of the House of Representatives in an Abbott-led federal government?

 

Federal Labor MP Janelle Saffin also has some concerns according to her media release on 19 June 2013:

 

Page MP Janelle Saffin said the passage of the Australian Government’s ‘water trigger’ legislation through the Senate today is an important step in the battle to protect our water from Coal Seam Gas mining in our local area. 

 

Janelle said, “The water trigger can help us stop any CSG mining going ahead in our area, but we need more action and it has to be at State level.”

 

“The power to stop CSG mining completely in our area, rests with the NSW Government, who have done nothing to protect us, and our way of life, despite promises.  We just cannot trust the Nationals to protect our communities from this harmful CSG mining.

 

“I lobbied hard on behalf of our community to get the Federal Government to use the full extent of its powers to protect our water.  The battle is however far from over with the Coalition vowing to undo the legislation, if they get an opportunity.”

 

“To add insult to injury the Federal Coalition put forward an amendment that we blocked, which was to hand back the water assessment process to the NSW Government.  This means Minister Hartcher would be in charge and he is the Minister who has been fast-tracking the expansion of CSG mining in NSW.”

 

“The Coalition made it clear in the Senate they plan to change everything should they win Government –a frightening prospect, which means we can’t trust the Nationals on CSG.

 

“One of their stated aims is to hand environmental assessment power back to the states. In New South Wales that means a Coalition State Government that has done nothing to protect our region, while declaring CSG exclusion zones around Hunter Valley horse studs and wineries.

 

“The people of Page do not want 1000 gas wells and more across the Northern Rivers.

 

“Communities across the region have given the message loud and clear- we want to keep the Northern Rivers CSG-free. We will not accept the risk to our water, farmland, environment, tourism, local economy and our way of life.

 

“It is clear the mining companies are hoping for a Coalition federal government in September, to give them the green light on CSG. I am not going to let that happen locally.