Morrison Government accidentally tells us more than it intended about its future plans for more dams?

Eighteen pages of 'talking points' compiled by the Prime Minister's Office were accidentally released to Australian journalists on Monday 14 October 2019.

These talking points predictably blame Labor in a look-over-there-not here manner, continue Scott Morrison's personal war on the poor and vulnerable and refuse to look climate change in the eye.

Interestingly for folks in the NSW Northern Rivers region, these points confirm federal government support for abandoning certain federal/state provisions contained in legislation covering water, environment and biodiversity when it comes to building new dams.

The document also lets the cat of the bag when it reveals a wider purpose behind building a Mole River dam in Tenterfield Shire.

Google Earth snapshot of a section of the Mole River, NSW

The current proposal according the PMO is for a 100,000 megalites dam (basically the size of Karangi Dam in Coffs Habour LGA) which Morrison & Co see as assisting not just Tenterfield Shire but also as potentially useful to southern Queensland (See P.4). Morrison expects this dam to be 'shovel ready' two years from now, in 2021.

Water NSW released an Upper Mole River Dam fact sheet at the same time those errant talking points escaped inot the wild. This has the proposed Mole River dam as between 100 and 200 gigalites (ie., between 100,000 to 200,000 megalitres) and costing est. $355 billion. However, Water NSW does not see this proposed dam being 'shovel ready' until 2024 with dam construction completed sometime between 2026 and 2028.

Morrison's 100,000 megalitre dam would be ample to supply the needs of a NSW shire whose total population is yet to reach 7,000 residents, but is perhaps not entirely adequate to cover the needs of local irrigators into a future which is rapidly heating up and drying out.

So why would this such dam be thought capable of supplying water to southern Queensland and where would the potential additional 100,000 come from?

Water NSW data shows that Mole River catchment annual rainfall was less than 600mm in 13 of the last 18 years and, as Professor Quentin Grafton, water economist, ANU and UNESCO Chair in Water Economics and Transboundary Water Governance tells us, at 600mm or less annual precipitation a dam will not fill.

Perhaps the Mole River dam is only meant as a water storage staging post as much of the water capacity is intended to travel elsewhere?

Perhaps Prime Minister Scott Morrison and Minister for Water Resources David Littleproud are paving the way for a raid on a headwater tributary, the Maryland River, or on the Upper Clarence River itself - in order to forever pipe bulk water to Littleproud's electorate of Maranoa in southern Queensland?

Two local governments in Littleproud's electorate are lobbying hard for permission to pipe Clarence River water to their areas and, after all the Mole River is approximately 79kms as the crow flies from the headwaters of the Clarence River as well as less than 57kms in a direct line from Stanthorpe in Maranoa.

Coalition talking points by Max Koslowski on Scribd

"The right to peaceful protest is a cornerstone of our democracy and must not be thrown away for political expediency."

The Daily Examiner, letter to the editor, 9 October 2019, p.13:

Amend or reject

PEOPLE will face more time in jail for peaceful protest than for grievous bodily harm if the government’s Right to Farm Bill becomes law.

The bill provides for three-year prison terms for protesters while the penalty for permanently or seriously disfiguring another person is a maximum of two years. Is this really the sort of society the Coalition government wants us to become?

Under this proposal people as diverse as Wallaby great David Pocock and the knitting nannas could go to jail for making their point peacefully and democratically.

The government claims these dangerous laws are needed to protect farmers from trespassers, but the law already has those safeguards. The irony is that farmers may have the most to lose.

Farmers have led campaigns to save the Pilliga and the Bentley region from coal seam gas and the Hunter, Bylong Valley, Gloucester Valley and the Liverpool Plains from coal.

The right to peaceful protest is a cornerstone of our democracy and must not be thrown away for political expediency.

History tells us that when governments erode the civil liberties of any group, they erode them for us all. This bill must be amended or rejected.

Chris Gambian, Chief Executive, NSW Nature Conservation Council

BACKGROUND

Parliament of New South Wales, Legislative Review Committee, Review Digest, 24 September 2019:

"The Bill significantly increases the maximum penalty for the offence of aggravated unlawful entry on inclosed lands from $5,500 to $13,200 and/or imprisonment for 12 months. The potential penalties rise to $22,000 or three years imprisonment if the offender is accompanied by two or more persons or if s/he does anything to put the safety of any person at serious risk. Large increases in penalties can result in excessive punishment where the penalty is not proportionate to the offence. However, the Committee acknowledges that the penalty increase is designed to better reflect the severity of the offences as well as the impact such offences have on farmers and primary production activities. It is also to account for the risks caused by trespassing on agricultural land and interfering with agricultural equipment and infrastructure.....

The Bill introduces a new offence that applies to those who incite or direct trespass without committing trespass themselves, which could attract a maximum penalty of 12 months imprisonment. The Committee notes that the creation of new offences impacts upon the rights and liberties of persons as previously lawful conduct becomes unlawful. " 

Tweet of the Week

Planning law in NSW:

1. Independent Commission rejects a coal mine because it doesn’t stack up environmentally or economically

2. Minerals Council tells Govt to overhaul the system

3. NSW Government proposes changes to the law and orders a review of the Commission https://t.co/PIb1DYI7ND

— Elaine Johnson (@ElaineEDO) October 5, 2019

NSW Berejiklian Coalition Government will no longer offer $250 pa council rates rebate to new pensioners from 2020?

It has been on the NSW Government agenda for some years now, but it is looking highly likely that the Berejiklian Liberal-Nationals Government is going to scrap the annual $250 rates rebate for homeowners holding a Commonwealth Pensioner Concession Card for all but existing Age, Veterans Affairs TPI/EDA, War Widow and Disability Support pensioners.

All future homeowning pensioners will instead be able to defer the first $1,000 of their annual rate payments (CPI indexed), with full payment of the debt (plus interest) on sale of the house/unit/flat.

The Daily Examiner, 30 August 2019, p.4: 

Council has expressed disappointment at being unable to provide feedback on a critical pensioner concession. 

After the Office of Local Government invited feedback on the Independent Pricing and Regulatory Tribunal’s report into the review of the Local Government Rating System, Deputy Mayor Jason Kingsley moved a motion to have council express disappointment there was no further consultation on the pensioner concession. 

Clarence Valley Council was able to provide feedback on a raft of recommendations by IPART but could not comment on a proposal to introduce a scheme to allow eligible pensioners to defer up to $1000 of their rates. 

Cr Kingsley was scathing in his assessment of the scheme which he said appeared “has been decided” and involved indexing the rates to CPI to be paid when the house was sold. 

“Not only is the recommendation to remove the current $250 concession in lieu of the deferral... but it will also be charged interest until the full amount is recovered,” he said. 

“So the financial legacy the pensioner was hoping to leave to their families may be eaten up in deferred rate charges as well as interest.” 

Cr Karen Toms as “devil’s advocate” said while she agreed with the motion on the principle that they had not been able to provide feedback, she was “a little bit torn” as the council spends about $1 million on pensioner subsidies each year. 

“I actually quite liked the idea of perhaps deferring it. I know it sounds mercenary perhaps but the reality is that house is going to be sold one day. I am torn a little bit,” she said. 

Clarence MP Chris Gulaptis said since 2011 the NSW Government had invested $694 million to help pensioners make ends meet and IPART’s recommendation to create a rate deferral scheme had been ruled out. 

“It is important to strike a balance between providing rebates and continuing to fund the services that local communities need – services such as hospitals, roads, education and child care.” he said. 

In 2017 when the issue was last raised, council did not support the recommendation to introduce rate deferrals and said it was “council’s strong view pensioner concession must be fully funded by the State Government”. 

“A rate deferral scheme is problematic in local government areas with a high proportion of pensioners and low property values as it may result in less than full recovery of deferred debts from sale of properties and create cash flow issues for the council” the resolution from the October 18 meeting stated.....

Northern Rivers landowners can breathe a sigh of relief, council rates will not rise sharply this year

Northern Rivers local governments and landowners have had a reprieve - for now.

One increase in NSW Government charges on local councils will not go ahead and Clarence Valley Council will not have to find an additional $260,000 this financial year.

However, there is no guarantee that by July 2020 the emergency services levy hike will not again be back on the books and, there is also no guarantee that the Berejiklian Government's plan to abandon unimproved value as the baseline for land rate calculations is either dead, buried or cremated.

The Sydney Morning Herald, 14 August 2019:

The NSW government is backflipping on a controversial plan to force councils across the state to pay for a $14 million emergency services levy hike.

The Berejiklian government wanted the state's 128 councils to share the financial burden of the increase in the emergency services levy to fund reforms to workers’ compensation for firefighters suffering from work-related cancers.

The move follows a radical proposal to change the way NSW council rates are calculated, that would drive up costs for owners of expensive apartments, and steep increases in waste management fees in some council areas.

The emergency services levy hike was opposed by the local government sector, which voiced concerns that the increase, which varied in amounts between areas, would force councils to cut funds to services and facilities.

Local Government NSW president Linda Scott said that councils' share of the emergency services budget was embedded in council rates, with additional costs recovered through insurance premiums.....

In 2017, Premier Gladys Berejiklian's shelved plans for a new system to fund fire and emergency services in response to backlash over sharp increases in what some property owners would pay.

Labor's local government spokesman Greg Warren said the decision to grant NSW's councils a year-long reprieve from the levy increase was "little comfort to councils across the state".

"This is another backflip from the government on this issue, they've simply kicked the can down the road.....

Ms Hancock said the government would continue to "consult with local councils to better manage the impacts of the emergency services levy, especially on their annual budgeting cycles".

Will the Clarence Valley see an upgrade of Grafton Base Hospital within the next three years or will it take a decade to commence?

Grafton Base Hospital is a 50-99 bed public health facility which offers health services to an est. 51,647 resident population in the Clarence Valley on the NSW North Coast and an additional annual tourist population which can reach or exceed 1 million visitors.

In the first quarter of 2019 ambulance arrivals at Grafton Hospital were up 11.5 per cent, emergency department presentations rose by 3 per cent, emergency presentations climbed by 4.2 per cent, hospital admissions increased by 14.9 per cent with acute admissions totalling 3,127 patients and the elective surgery waiting times continued to grow.

In that same quarter during the NSW state election campaign the Nationals MP for Clarence on behalf of the Berejiklian Coalition Government promised voters in the Clarence Electorate a much needed $263.8-million overhaul of Grafton Hospital.

At the time doubts were raised about the genuineness of this promise as it contained little detail.

Those doubts are now resurfacing……

The Daily Examiner, 21 June 2019, p.3:

A major hospital upgrade looks to be a while off as the Clarence Valley joins the long queue of regions promised big projects at the New South Wales election.

The $263million commitment to the Grafton Base Hospital redevelopment was made in the final weeks of the campaign in March and is just one of many major infrastructure promises outlined in the 2019-20 Budget Papers.

However, there there was no specific line item in the 2019-20 Budget and Nationals MP Chris Gulaptis was quick to point out it would take time.

“It’s not a line item as such as we are still in the very early planning stages but there is a commitment for works to commence during this term of government,” he said.

“In the meantime, consultation needs to occur between the LHD, clinicians and the community to ensure the redeveloped hospital is able to provide for the community into the future.”

Mr Gulaptis said he had received assurances from Premier Gladys Berejiklian, Treasurer Dominic Perrotet and Deputy Premier John Barilaro that all election commitments would be honoured and provided a letter from Health Minister Brad Hazzard responding to representations he made after winning the election.

In the letter, Mr Hazzard said the project was one of many promised but work would still start before the end of the current term of parliament.

“In the period prior to the March election, the NSW Government announced a significant number of upgrades to hospital and health facilities across the state,” he said.

“This requires a prioritisation of when projects will commence over the next four years and will occur in alignment with the annual budget process.

“Once funding is made available through the budget process, Health Infrastructure will work with the local health district and clinical staff to progress the project through the planning stages.”......

Addressing disadvantage shouldn’t be a zero-sum game in New South Wales

NSW Council of Social Services (NCOSS), media release, 18 June 2019:

NSW BUDGET DELIVERS FOR DRAG RACING, NOT THE DISADVANTAGED

The NSW Budget is a missed opportunity from the NSW Government to tackle social issues and reduce disadvantage across the state.

When the Premier was re-elected in March 2019 she promised to “…focus on tackling social issues to reduce disadvantage,” but it’s difficult to see how this Budget achieves that.

NCOSS CEO, Joanna Quilty, said despite some positive initiatives, the Budget does not do enough for those doing it tough, particularly on cost of living, housing and support for vulnerable families.

“Overall, there is not a lot to get excited about. By and large it’s more of the same,” said Ms Quilty,

“Disturbingly, there seems to be less money this year for energy rebate programs to help low-income households manage financial pressures.

“While there is $33.4 million for a drag racing strategy there is only $30 million to support children in out-of-home care with complex needs – a reduction in funding made available last year.

“I am not saying that something like drag racing is not a worthy cause, I am just saying that we should be in a race to reduce poverty, and addressing disadvantage shouldn’t be a zero-sum game. 

“The community sector is dealing with ever-increasing demand for services as more people in NSW fall through the cracks, but this Budget does little to address that.

“There are some positives in mental health, with mobile dental clinics, TAFE courses for the young and older people returning to work, and funding to support free school breakfasts to 500 schools.

“But is it safe to say that as a whole, the Premier’s post-election promises to address disadvantage are yet to be fulfilled.”

Despite the Premier’s commitment to halve street homelessness by 2025, there is no new or additional funding for initiatives to support this, nor for additional social and affordable housing.

“In NSW we have a growing homeless population, a social housing waiting list of 60,000 and waiting times of up to 10 years in some areas – we need to be doing more on housing,” Ms Quilty said.

“If people have a safe, secure, affordable place to call home, they are more likely to be able to get a job, be a good parent and be a productive member of their community.

“Despite rhetoric about wanting to intervene early in the lives of vulnerable children and families, there is little mention of early intervention and no additional funding.”

For more information on NCOSS, go to www.ncoss.org.au.

It is likely to be tears before bedtime for many regional communities as Berejiklian Government restructures government departments

Government News, 2 April 2019:   

 

The NSW government will abolish key agencies including the Office of Local Government, the RMS and Jobs NSW under sweeping changes to the structure of the NSW public service.

A memo from the Department of  Premier and Cabinet obtained by Government News says the Office of Local Government, along with the Office of Environment and Heritage, will cease to be independent entities and their functions will be absorbed by a Planning and Industry Cluster.

The cluster will cover areas such as long term planning, precincts, infrastructure, open space, the environment and natural resources.

The RMS, coming under the Transport Cluster, will also be scrapped as a separate agency and as will Jobs NSW, which will be merged into the Treasury Cluster…..

Local Government NSW President Linda Scott said the peak would be seeking assurances from the new local government minister, Shelley Hancock, and the Premier, that local governments would be appropriately resourced within the new cluster.

“We’d hope, for example, that the inclusion into a larger cluster will facilitate real analysis of the massive amounts of data collected by Government, which should be shared with the sector to help them deliver great outcomes for the public good,” she told Government News.

“Local governments welcome a new opportunity to work with the State Government to set housing targets with local governments, not for them – to rebalance planning powers by working in partnership with councils and their neighbourhoods on planning decisions that affect them.”

However she said the appointment of Ms Hancock was a stand-alone Local Government Minister was welcomed and had long been advocated for by LGNSW.....

The memo says the structure of the public service will also incorporate the following clusters: Stronger Communities, Customer Service, Health; Premier and Cabinet, Transport, Treasury  and Education.

The following clusters will cease to exist by July 1:  Finance, Services & Innovation; Industry; Planning & Environment; Family and Communities; and Justice.

The Secretaries Board will be expanded in members to accommodate more senior public servants to “effectively drive implementation of the Government’s priorities”.

New appointments under the restructure:

Michael Coutts-Trotter – Secretary, Families & Community Services & Justice

Jim Betts – Secretary, Planning and Industry

Glenn King – Secretary, Customer Service

Simon Draper – Chief Executive, Infrastructure Australia

NOTE:

The Grafton Loop of the Knitting Nannas Against Gas and Greed will be holding a knit-in on Thursday 4 April 2019 at 1pm to peacefully protest the abolition of the NSW Office of Environment and Heritage. It will be held outside the electoral office of Nationals MP for Clarence Chris Gulaptis at 11 Prince Street, Grafton and interested people are welcome to attend.

And now for some good news......

David Morris, CEO of EDO NSW: Our argument was based on science, economics and – we argued - the proper application of the law. The climate contention as a ground for refusing this mine was innovative; the first time climate change has been addressed this way in an Australian court using the concept of a carbon budget as its basis.

Like so many great ideas – its strength was its simplicity. While there was lots of necessary evidence and discussion about the carbon budget, geopolitical climate policy and Australia’s legal framework for climate change, ultimately our argument was simple:  if you accept the science, then the local legal framework compels you to refuse the mine because it’s clearly not in the public interest to increase emissions.

As Professor Steffen said “it’s one atmosphere, it’s one climate system, it’s one planet - and so we need to start thinking more carefully about the net effect of wherever coal is burnt, or oil or gas… The project’s contribution to cumulative climate change impacts means that its approval would be inequitable for current and future generations”. [EDO NSW, media release, 8 February 2019]

The Sydney Morning Herald, 8 February 2019:

When Planning Minister Anthony Roberts intervened a year ago to give a coal miner the unusual right to challenge its project's refusal in court, neither would have countenanced Friday's outcome.

Instead of settling the future of Gloucester Resources' controversial Rocky Hill coal mine near Gloucester, the NSW Land and Environment Court just cast a cloud over coal mining in general.

The miner had thought it was merely challenging the Department of Planning's rejection of the mine's impact on visual amenity in the bucolic valley around Gloucester.

Instead, the Environmental Defenders Office, acting for residents opposed to the mine, grabbed the opportunity to join the appeal.

In what EDO chief David Morris describes as a "delicious irony", the court got to hear about the project's detrimental impact on climate change and the town's social fabric - despite Gloucester Resources arguing such intervention would be a "sideshow and a distraction".

Future generations will wonder why it took so long for any court in the land to hear such evidence when considering a coal mine project.

But Justice Brian Preston didn't just allow the EDO to provide expert evidence of the role greenhouse gas emissions play in driving climate change. He also accepted it as part of the critical reasons to reject the mine. "The decision forms part of what is a growing trend around the world on using litigation to fight climate change," Martijn Wilder, a prominent climate lawyer from Baker & McKenzie, says. "While early on some of this litigation was not successful, increasingly it is."

Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7, 8 February 2019 judgment here.

NSW Chief Scientist's interim report re Independent Review of the Impact of the Bottled Water Industry on Groundwater Resources in the Northern Rivers region was due on 1 February 2019

The NSW Chief Scientist and Engineer Professor Hugh Durrant-Whyte is currently conducting an Independent Review of the Impactof the Bottled Water Industry on Groundwater Resources in the Northern Riversregion of NSW.

As part of the review members of the Office of the NSW Chief Scientist & Engineer conducted consultation sessions in the area with stakeholders on Sunday 20 and Monday 21 January 2019.

The NSW Coalition Berejiklian Government was scheduled to receive an initial report from the Chief Scientist and Engineer on 1 February 2019.

This date, coming as it did during the period when there is a growing awareness of the ongoing ecological crisis cause by mismanagement of the Murray-Darling Basin water resources by federal and states governments, may explain why there has been no mention made by the NSW Government of this interim report in the media.

However, concerned communities and residents in the Northern Rivers region deserve to have this report made publicly available as soon as possible. Not conveniently hidden away until after the 23 March state election.

BACKGROUND

Environmental Defenders Office NSW, November 2018:

The NSW Chief Scientist & Engineer will provide advice on sustainable groundwater extraction limits in the region, as well as advice on whether the current or proposed groundwater monitoring bores are sufficient.

Local councils have been advised to suspend approving any new applications for water mining until the report is complete in mid-2019.

Since 2017, EDO NSW has been providing advice to clients in the Tweed valley who have concerns about the way in which water bottling developments are assessed, approved and enforced.

Water bottling – the extraction, processing and bottling of groundwater for sale - is controversial, as it can compete with other water users and have adverse impacts on groundwater-dependent ecosystems. These operations also generate considerable plastic waste and the water transport tankers can impact the amenity and safety of people living in rural areas.

With bottling looking set to expand in the Tweed valley, our Legal Outreach team conducted a workshop on water regulation and enforcement in the Tweed Valley to help the community understand and participate in the regulation of water bottling operations. We also drafted several letters to the local council on the approval process for bottling facilities in order to clarify the legal standards in the local environmental plan and the scientific studies needed to support a development application for a facility.  

With our assistance, our client produced a detailed report alleging ongoing and systemic breaches of development consent conditions for four local water bottling facilities and setting out the range of enforcement options available to Council. We then met with Council and briefed Councillors on their powers and responsibilities as the regulator under law. We were able to work constructively with Council to ensure the full range of investigation and enforcement options were understood and since then Council has taken decisive steps to ensure water bottling operations in the Tweed are complying with the law.

The Chief Scientist & Engineer is expected to provide his initial report by early February 2019, with a final report to be published in mid-2019.

Australian High Court rejects NSW Berejiklian Government's 2018 electoral funding reforms

In May 2018 the NSW Berejiklian Government announced plans to cap election-related spending by unions, environmental groups, and churches at a maximum of $500,000. 

The Electoral Funding Act 2018 No 20 came into force on 1 July 2018.

In December 2018 five unions joined Unions NSW in challenging these laws in the High Court of Australia.

Australian Financial Review, 29 January 2019:

In July 2018, the Berejiklian Government reduced the amount that unions and other third parties could spend in the six months before an election from $1.05 million to $500,000. A political party and it candidates, however, can spend up to $22.6 million if it stands candidates in all 93 seats.

The High Court said NSW proved that aiming to "prevent the drowning out of voices in the political process by the distorting influence of money" was a legitimate purpose.

However, it said "the reduction in the cap applicable to third-party campaigners was not demonstrated to be reasonably necessary to achieve that purpose".

The court did not accept NSW's argument that $500,000 was still a substantial sum that would allow third parties to "reasonably present their case".

The lead judgement of Chief Justice Susan Kiefel and Justices Virginia Bell and Patrick Keane said "no enquiry as to what in fact is necessary to enable third-party campaigners reasonably to communicate their messages appears to have been undertaken".

The reforms also sought to ban third parties from acting "in concert" by pooling money into multi-million-dollar campaigns, such as the "Stop the Sell-off" campaign against energy privatisation for the 2015 poll. Those who breach the act would have faced up to 10 years' jail.

Former Commonwealth solicitor-general Justin Gleeson SC was lead counsel for Unions NSW and the five unions which also signed up for the challenge.

BACKGROUND

HIGH COURT OF AUSTRALIA, Judgment Summary, 18 December 2018:

UNIONS NSW & ORS v STATE OF NEW SOUTH WALES [2013] HCA 58

Today the High Court unanimously held that ss 96D and 95G(6) of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) ("the EFED Act") are invalid because they impermissibly burden the implied freedom of communication on governmental and political matters, contrary to the Commonwealth Constitution.

Section 96D of the EFED Act prohibits the making of a political donation to a political party, elected member, group, candidate or third-party campaigner, unless the donor is an individual enrolled on the electoral roll for State, federal or local government elections. The EFED Act also caps the total expenditure that political parties, candidates and third-party campaigners can incur for political advertising and related election material. For the purposes of this cap, s 95G(6) of the EFED Act aggregates the amount spent on electoral communication by a political party and by any affiliated organisation of that party. An "affiliated organisation" of a party is defined as a body or organisation "that is authorised under the rules of that party to appoint delegates to the governing body of that party or to participate in pre-selection of candidates for that party (or both)".

Each of the plaintiffs intends to make political donations to the Australian Labor Party, the Australian Labor Party (NSW Branch) or other entities, and to incur electoral communication expenditure within the meaning of the EFED Act. The second, third and sixth plaintiffs are authorised to appoint delegates to the annual conference of the Australian Labor Party (NSW Branch) and to participate in the pre-selection of that party's candidates for State elections. A special case stated questions of law for determination by the High Court.

The High Court unanimously held that ss 96D and 95G(6) burdened the implied freedom of communication on governmental and political matters. The Court held that political communication at a State level may have a federal dimension. The Court accepted that the EFED Act had general anti-corruption purposes. However, the Court held that the impugned provisions were not connected to those purposes or any other legitimate end.

· This statement is not intended to be a substitute for the reasons of the High Court or to be used in any later consideration of the Court’s reasons

Another thing for NSW voters to remember as they cast their ballot in the 2019 state and federal elections

The Shenhua Group appear to have first approached the NSW O'Farrell Liberal-Nationals Coalition Government in 2011-2012 concerning its plans to mine for coal on the Liverpool Plains, a significant NSW foodbowl. 

This particular state government was the subject of not one but two investigations by the NSW Independent Commission Against Corruption (ICAC) - Operations Spicer (2014) and Credo (2014). 

After he was found to have misled the independent commission Premier O'Farrell resigned as Premier in April 2014 and as Liberal MP for Ku-ring-gai in March 2015. Similarly the then NSW Minister for Resources and Energy, Minister for the Central Coast, Special Minister of State and Liberal MP for Terrigal Chris Hartcher resigned as government minister in December 2013 after he was named in ICAC hearings and left the parliament in March 2015.

On 28 January 2015 the NSW Minister for Planning and Liberal MP for Goulburn Pru Goward granted development consent for a subsidiary of the Chinese state-owned Shenhua Group, Shenhua Watermark Coal Pty Ltd, to create and operate an open cut mine on the Liverpool Plains. 

On 4 July 2015 then Australian Minister for the Environment and Liberal MP for Flinders Greg Hunt ticked off on the Abbott Government's environmental approval for Shenhua Watermark Coal to proceed with its mining operation.

Glaringly obvious environmental risks associated with large-scale mining in the region and vocal local community opposition had led to a downsizing of the potential mine site, for which the  NSW Berejiklian Liberal-Nationals Coalition Government paid the Shenhua Group $262 million in compensation.

ABC News, 31 July 2015, projected new mine boundaries

However, in July 2018 the Berejiklian Government renewed Shenhua’s mining exploration licence.

Given that on the successive watches of the O'Farrell, Baird and Berejiklian governments instances of mismanagement and/or corrupt conduct in relation to water sustainability, mining leases and the environment have been reported one would think that an abundance of caution would be exercised.

Instead we now learn that that Shenhua Watermark Coal has been allowed to vary development consent conditions for the open cut mine on the edge of the flood plain and, it is looking increasingly like pro coal, former mining industry lawyer, current Australian Minister for the Environment and Liberal MP for Durack, Melissa Price, will wave through these variations on behalf of the Morrison Liberal-Nationals Coalition Government. 

Thereby placing even more pressure on the already stressed surface and underground water resources of the state.

The Liverpool Plains are said to be a significant groundwater source in the New South Wales section of the Murray-Darling Basin.

Lock The Gate Alliance, 8 January 2019:

The NSW Government has allowed mining company Shenhua to alter its development approval for the controversial Watermark open cut coal mine in the Liverpool Plains, near Gunnedah, which will enable work on site to begin without key management plans being approved.

Despite the NSW deal, Shenhua is still not able to commence work under the Federal environmental approval until two important management plans, including the crucial Water Management Plan, have been approved by the Federal Government.

Now local farmers are afraid that the Federal Environment Minister, Melissa Price, may be about to follow the NSW Government lead and vary the approval to allow Shenhua to start pre-construction for their mine without the management plans that were promised.

Liverpool Plains farmer John Hamparsum said, “We’re disgusted that the NSW Government has capitulated to Shenhua yet again, and amended the development consent to let them start pre-construction work without the crucial Water Management Plan in place.

"They have repeatedly stated that the best science would apply to this mine before any work was done, and now they’ve thrown that out the window.

"We’re calling on the Federal Environment Minister, Melissa Price, and New England MP, Barnaby Joyce to now step up and promise that not a sod will be turned on this mine until the full Water Management Plan has been developed and reviewed by independent scientists.

"This mine represents a massive threat to our water resources and our capacity to feed Australia, and if the National Party has any respect for agriculture they need to act now and deliver on their promise that the best science will be applied.

"We won’t accept creeping development of this mine and weakening of the conditions that were put in place to protect our precious groundwater," he said.

Lock the Gate Alliance spokesperson Georgina Woods said, "It’s been four years since the NSW and Federal Governments approved Shenhua’s Watermark coal mine on the Liverpool Plains and there are still no management plans in place.

"Instead of upholding the conditions of Shenhua’s approval, the NSW Government has watered them down so that Shenhua can start work without these crucial plans in place.

"The community has a long memory and will not accept Governments changing the rules to the benefit of foreign-owned mining giants over local farmers," she said.

The former Federal Environment Minister, Greg Hunt, made a strong commitment that a Water Management Plan for the project would not be approved unless the Independent Expert Scientific Committee was satisfied with it.

The amended NSW approval can be accessed here.

A legal perspective on the issues surrounding water management by Dr Emma Carmody, Senior Policy and Law Reform Solicitor, EDO NSW and Legal Advisor, Secretariat of the Ramsar Convention on Wetlands, is included in the December 2018 issue of Law Society Journal,  Managing our scarce water resources: recent developments in the Murray-Darling Basin.