Labor Member for Lismore Janelle Saffin took the healthy rivers & water security concerns of residents in 7 Northern NSW local government areas to the Legislative Assembly - predictably former mining consultant & Nationals Member for Clarence Chris Gulaptis spoke against her & over 10,000 petitioners

 

Petition Debate - Clarence Valley Mininghttps://t.co/tRTOm5Ro9G
On Thursday 14 October 2021, the Legislative Assembly of NSW debated the CCA No Mines petition calling on the LA to stop exploration or mining within the Clarence Valley and surrounding government area.

— ClarenceEnviroCentre💧 (@cecenviro) October 21, 2021

 

This video covers the full acceptance of petition debate concerning the "STOP CANGAI MINE" petition.

This debate was distinguished by the sheer number of misstatements of fact and untruths uttered by members of the NSW Perrottet Coalition Government.

 

The Nature Conservation Council of New South Wales has commenced a world-first legal action to protect rivers and wetlands. Challenging the Border Rivers Water Sharing Plan in the Land & Environment Court, naming Water Minister Melinda Pavey & Treasurer Matthew Kean in his position as Environment Minister as respondents

Environmental Defenders Office, 6 October 2021:

A plan for sharing water in the northern Murray-Darling Basin is being challenged in court over climate change, in an Australian and world legal first.

Acting on behalf of the Nature Conservation Council of NSW, EDO lawyers will head to the NSW Land and Environment Court to challenge the validity of the Border Rivers Water Sharing Plan (WSP), arguing that the NSW Government failed to properly consider future climate change when making the plan.

The Border River catchment sits along the NSW/Queensland border and includes the Macintyre and Severn Rivers. The catchment is home to endangered species such as the eel-tailed catfish, Australian painted snipe and curlew sandpiper.

Both the NSW Water Minister Melinda Pavey, who approved the WSP and the NSW Treasurer Matt Kean, who as Environment Minister provided concurrence, are named as respondents in the Class 4 Judicial Review proceedings.....

Chris Gambian, CEO of the NSW Nature Conservation Council said:

“If we fail to keep our rivers alive as a first priority, it doesn’t really matter what our second priority is. We will have lost the fight.

“Climate change is not some abstract phenomenon that may occur in the distant future. River communities in NSW are bearing the brunt of that change every day, right now.

“Just 18 months ago, many towns in western NSW were entirely dependent of bores or truck deliveries for their water supplies.

“It is not just prudent for governments to factor in the impacts of climate change. It is a legal requirement that we are seeking to uphold by taking this action.”

EDO Managing Lawyer Dr Emma Carmody said:

“Our client alleges that under their own laws, NSW Government Ministers are required to properly consider climate change, including future climate change, when drawing up a water sharing plan. By relying on historical climate data for the catchment, we argue that they have failed to do this, including in relation to the calculation of the catchment-wide limit on extractions from the river.”

“The alleged unlawfulness arises not only due to the impacts of this failure on the Border Rivers itself, but on surrounding floodplains and downstream rivers and communities, notably the Barwon-Darling/Barka River, which receives some of its flows from the Border Rivers catchment.”

“Our client will further argue that the rights of children and future generations to enjoy and benefit from healthy, functioning river systems requires the Minister to properly consider climate change and its impacts on water availability and quality and to devise a water sharing plan that reflects the likelihood of a hotter, drier future.”

“Our client also alleges that setting drought reserves for basic landholder rights on the basis of lowest inflows up to July 2009 is unlawful, not only because it excludes the most recent and severe drought on record, but future climate change.”

“There is ample evidence which indicates that the rivers and floodplains of the northern Murray-Darling Basin are over-extracted. This is now being exacerbated by climate change, which is making it hotter and drier. We can’t afford to make decisions about our precious water resources which ignore this reality. Indeed, our client alleges that the law requires it.”

“Our client will ask the court to find that the Border Rivers Water Sharing Plan is invalid and must be replaced by a lawful plan.”

“If this case is successful, it will likely mean that future Water Sharing Plans will have to take climate change into account, in particular in relation to the setting of catchment-wide extraction limits and environmental flow rules. This could mean more water for fragile ecosystems across the Murray-Darling Basin and in turn healthier river systems and greater water security for downstream communities. Our children and future generations deserve to enjoy and benefit from a healthy, functioning river system.”

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https://youtu.be/q6Fgkb0at0o

It is worth noting that Brett Walker QC, who acted as Commissioner during the twelve month long South Australian Royal Commission into the Murray Darling Basin Plan, has agreed to represent the Conservation Council of NSW.

It is also be noted that on 26 August 2021 the NSW Land and Environment Court in Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92 ordered: The Environment Protection Authority, in accordance with s 9(1)(a) of the Protection of the Environment Administration Act 1991 (NSW), is to develop environmental quality objectives, guidelines and policies to ensure environment protection from climate change. Neither the Minister for Energy and the Environment Matthew Kean or the EPA appealed this judgment.

How to help the Conservation Council of New South Wales fund this legal challenge of the validity of the Border Rivers Water Sharing Plan (WSP):

https://legal-water-challenge.raisely.com/

BRIEF BACKGROUND ON WATER LICENCING AND WATER BUYBACKS IN THE MURRAY DARLING BASIN

https://youtu.be/rsdGZZSaUXw

 

State Member for Lismore Janelle Saffin is calling for a blanket ban on mineral mining in the Northern Rivers region to protect water catchments which feed into the Clarence, Richmond and Tweed river systems

 

From the Office of NSW Labor MLA for Lismore Janelle Saffin, media release, 8 October 2021:

‘Gold, silver, copper & cobalt diggers’ be gone

STATE Member for Lismore Janelle Saffin is calling for a blanket ban on mineral mining in the Northern Rivers region to protect water catchments which feed into the Clarence, Richmond and Tweed river systems.

Ms Saffin wants the NSW Government to agree to a moratorium on mineral mining, revoking all licences for exploration or active mining, and financially compensating affected companies like it did with Shenua’s open-cut coal mine near Gunnedah.

Ms Saffin says she stands with thousands of local residents campaigning against a wave of ‘gold, silver copper and cobalt diggers’ who have our pristine back country firmly in their sights.

As Federal Member for Page from 2007 to 2013, Ms Saffin worked with local communities to repel the Coal Seam Gas industry from the region because of the threat to our water resources, and continues to support the activism of the Knitting Nannas.

And before this, as Labor’s candidate for Page, she helped torpedo Federal Coalition plans to dam and divert the mighty Clarence River inland.

“I’m proud of my track record of protecting our most precious resource – water – and our traditional industries like farming, fishing and tourism which help to sustain the economic prosperity of our local communities,” Ms Saffin said.

“’The Nationals in Government’ appear to be prepared to ignore the groundswell of anti-mining sentiment in their electorates to appease mining companies who will come and plunder for quick profits then potentially leave an environmental mess behind for future generations.”

With Parliament resuming next week, and despite COVID-19 issues expecting to dominate, Ms Saffin will speak on the fundamental need to protect our water during a debate scheduled in the Legislative Assembly on Thursday, 14 October.

This debate was triggered after Ms Saffin on 9 June submitted a community petition with the Lower House, calling for a moratorium on future mineral mining, both exploratory or active, in the Clarence Catchment and surrounding Local Government Areas.

The petition was collected by the Clarence Catchment Alliance and has been signed by almost 11,000 mainly local residents of the Clarence Valley and Northern Rivers.

“I have met with Alliance representatives and agree that the risks of tailings dam failure from mineral mining, which is quite different from normal quarry operations, are too high, particularly in our high rainfall and floodprone region,” Ms Saffin said.

“I see where five councils – Kyogle, Coffs Harbour City, Bellingen Shire, Glen Innes-Severn Shire and Byron Shire -- have shown solidarity with Clarence Valley Council’s resolution seeking a mining moratorium in the Clarence Valley and which former Deputy Premier John Barilaro effectively ignored.”

For more information on the Clarence Catchment Alliance and the community petition go to https://linktr.ee/Nominesclarencevalley

Clarence Valley Council opened the door wide and invited a ravenous wolf inside

Clarence Valley Council has agreed to allow another local government outside the Clarence River catchment area to purchase a 50 per cent interest in vital water supply licenses on the Nymboida River sub-catchment.

This effort to save money on the final purchase price agreed with state-owned Essential Energy will cost Clarence Valley communities dearly in the future, as Coffs Harbour City Council continues expanding its rate base through unsustainable urban and industry development to the detriment of the aesthetic, cultural, environmental, economic values of the Clarence River system.

Clarence Valley Independent, 15 September 2021:

After many years of secret negotiations between Clarence Valley Council (CVC) and Essential Energy (EE), Coffs Harbour City Council (CHCC) and CVC will each hold a 50 per cent share of “the disused Nymboida Hydro Power Scheme and associated water licences” once the deal is settled……

Mr Lindsay clarified the ownership breakdown, given that CHCC was not party to the confidential agreement between CVC and EE.

“The actual land and infrastructure are purchased by the CVC, in name, but Coffs Harbour, by their regional water supply agreement [with CVC], will contribute 50 per cent,” he said.

Mr Lindsay said CVC met with EE yesterday (after the paper’s editorial deadline) to discuss a minor subdivision, to accommodate EE’s existing substation, and whatever else needs to be done to “achieve settlement”, including the lodgement of a development application (DA) for the substation subdivision.

Mr Lindsay said the settlement period was “lengthy” and that the “water licences haven’t been transferred yet”, so he was unable to provide an estimated finalisation date.

“Just so we are clear on the value of the purchase,” he said, “the whole process has been reviewed by NSW Treasury and they’ve given their okay.”……

Meanwhile, all references to the Nymboida power and water decisions made by councillors over past years were removed from CVC’s ‘Council Meeting Checklist – Update on Actions Taken’, following the July 2021 CVC meeting, including the investigation of recommissioning the hydro station.

When asked why the items were removed, Mr Lindsay said, “It’ll become clear when the confidential resolution form the July extraordinary meeting is made [public]; it’ll become clear then.”…..

Coffs Harbour City Council’s general manager, Steve McGrath, said the deal was an “essential step in concluding security for the Coffs Harbour City and CVC water supplies”.

“CHCC look forward to working with CVC to formalise the governance arrangements around the regional water supply scheme, through the appropriate treatment and recognition of the applicable water supply assets involved in the Nymboida power station and licences,” he said in the media release…...

Clarence Valley Council seeks allies in it fight to keep the Clarence River and its tributaries healthy and able to sustainably supply water to est. 129,378* people

"The Clarence River has the largest catchment and is the longest river on the NSW east coast, and our big river or Briemba/Breembia, is our greatest national asset."  [Issuu, from Clarence Valley Council - Draft Local Strategic Planning Statement, April 2020]

The Daily Telegraph, 24 August 2021:

Coffs Harbour City Council is being asked to form a united front with its northern neighbours over concerns mining in the Clarence River catchment could put our water supply at risk.

Mayor Denise Knight has put forward a motion before this Thursday’s council meeting to support Clarence Valley Council in opposition to mining in the Clarence River catchment, despite sounding far from resolute on the matter.

A vast majority of the more than 125,000 people in both council areas rely on water from the Clarence River catchment for drinking via the Shannon Creek dam.

Ms Knight would not confirm where she stood on the issue and said she was putting the motion forward as had been requested by Clarence Valley Council Mayor Jim Simmons. “I am just doing them a solid,” she said.

“It is important to listen to the debate and hear what councillors think and feel.” In his letter to Ms Knight, Mr Simmons outlined his council’s position, which is to seek a moratorium on mining and mining exploration.

Clarence Valley Council are also asking the state government to deem the catchment a “no-go zone” for minerals mining due its “unique natural and cultural values”.

“(This is being done) on behalf of the community who are concerned that mining will not only have detrimental environmental effects but also puts at risk our drinking water for the Clarence and Coffs Harbour Council area,” Mr Simmons said.

With the price of precious metals running hot in recent years, exploration licenses have been sought across the region which was once known for its mining.

In September 2020, Christopher Wilson Investments lodged a series of applications with the state government for exploration across 391sq km of land which included parts of Coffs Harbour and Grafton council areas.

The licence in Coffs Harbour covers an area of 198sq km and cuts across the Orara River in between Coramba and Nana Glen.

The increase in licence applications, along with a series of more advanced projects, also prompted local conservation groups to step up efforts to prevent mining in the Clarence catchment.

Clarence Valley Independent, 30 July 2021:

At last week’s Coffs Harbour City Council (CHCC) meeting, the executive summary regarding the reaching of an agreement between Essential Energy, Clarence Valley Council and CHCC – on ownership of water supply infrastructure – concluded, “The final step is to gain the formal consent of Clarence Valley Council and the Essential Energy Board to conclude the transaction to transfer the assets to Clarence Valley Council ownership.”

In an effort to inform the Independent’s readers about the issue, given all of CVC’s discussions have been confidential, here’s a full transcript of CHCC’s executive summary of the matter….

Read the full article here.

NOTE:

* the figure of 129,378  people is based on the combined Clarence Valley & Coffs Harbour City 2020 LGA population projections published by Idcommunity demograpic resources.