CSG and landholder rights

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1 CSG and landholder rights Bellata, 10 September 2014 Sarah Roebuck Solicitor Jemilah Hallinan Outreach Director

2 EDO NSW

3 EDO NSW publication on mining and CSG law

4 Presentation CSG exploration and production: assessment process Measures to protect the environment Restrictions on CSG activities Access arrangements Landholder rights Image: CSG in the Pilliga State Forest (Kate Ausburn)

5 OVERVIEW OF CSG IN NSW

6 CSG titles Special prospecting authorities Exploration licences Assessment leases Production leases

7 Planning approval assessment streams Part 4 -Designated development Part 4.1 -State significant development Part 5 environmental assessment only Some activities do not require any assessment or approval

8 CSG EXPLORATION AND PRODUCTION Assessment Processes

Recent developments Office of Coal Seam Gas http://www.resourcesandenergy.

9 Recent developments Office of Coal Seam Gas

10 Process for Exploration Licence Invitation to apply for Exploration Licence (tender/proponent driven) Application must be published in State and local newspaper Public comment Determination (granted or rejected) Environmental Assessment (REF) before on ground work can start

11 Recent development Freeze on Licences and increased application fees Increase application fee from $1000 to $50,000 Freeze placed on all PEL applications 26 September Audit of PELs Expect changes to the application process

12 Development consent for exploration Designated Development SSD EIS Local Council EIS Gateway PAC

13 Recent Developments

14 Process for CSG Production - Two-stage approval process Development Consent Petroleum Production Lease Department of Planning and Environment Gateway and SSD approval process Trade and Investment NSW Production lease approval process

15 Production Lease Approval Process Application Notification Environmental Assessment under planning process Decision

16 Development Consent Process- SSD Applicant applies to Secretary of Planning for Environmental Assessment Requirements Applicant prepares the EIS Addressing EARs and Agricultural Impact Statement Applicant lodges a project application and application is publicly exhibited -Submissions Decision Planning Assessment Commision

17 PAC hearings

18 The gateway process

20 Commenting on CSG exploration applications

21 Commenting on applications for development consent - SSD

22 MEASURES TO PROTECT THE ENVIRONMENT

23 Environmental Impact Assessment Designated Development EARs EIS (SIS) EARs EIS (SIS) SSD Part 5 REF (EIS, SIS)

24 Recent developments Agricultural Impact Assessment Codes of Practice Well Integrity Code Fracture Stimulation Activities Code Image: Lock the Gate Alliance

Other environmental approvals Commonwealth approvals Environment Protection Licence (pollute) Aboriginal Heritage Impact Permit Permit

25 Other environmental approvals Commonwealth approvals Environment Protection Licence (pollute) Aboriginal Heritage Impact Permit Permit to clear native vegetation Pipeline licence Water access licence Water use approval Water management work approval Image: Jeremy Buxkingham

Independent Expert Scientific Committee Advise governments on CSG and coal mining projects; Oversee bioregional assessments in areas where

26 Independent Expert Scientific Committee Advise governments on CSG and coal mining projects; Oversee bioregional assessments in areas where CSG developments are underway or planned; and Oversee research on potential water-related impacts of CSG and/or large coal mining developments.

27 The Aquifer Interference Policy Image: Kate Ausburn

28 Recent development - Groundwater Baseline Project Detailed mapping and baseline data demonstrating the water resources used by key industries in each basin. Community information package with a series of educational videos and information materials on how water in their basin is used. Additional State Government monitoring bores will be installed across all three basins.

29 Recent development Independent review of CSG activities in NSW

30 RESTRICTIONS ON CSG ACTIVITIES

31 Protections for houses, gardens etc. CSG activities cannot be carried out on the surface of land within: 200m of a house; 50m of a garden for coal/minerals or a garden, vineyard or orchard for CSG; or On any significant improvement. Image: Jeremy Buckingham

32 Protections for special areas Image: Ausemade Pty Ltd

33 Exempted areas Image: Tony Pickard

34 Protections for cultivated land Image: Lock the Gate Alliance

35 Recent developments New exclusion zones Protections for residential areas Protections for critical industry clusters Image: Lock the Gate

37 ACCESS ARRANGEMENTS

38 Process for Access Arrangement Company serves notice of intention to negotiate an access arrangement on landholder Company provides landholder with standard access arrangement Landholder and company may negotiate an access arrangement If no arrangement within 28 days the company can seek arbitration

39 Agreed Principles of Land Access Santos AGL NSW Farmers Cotton Australia Irrigators Council

40 Arbitration Arbitrator will attempt to get the parties to agree (conciliated agreement). If no agreement, Arbitrator can make a determination (interim), including draft access arrangement. Either party can ask the arbitrator to make changes to the interim determination (within 14 days). Arbitrator then makes a final determination and this is served on the parties. Either party can appeal to the LEC within 14 days.

41 Recent developments - Arbitration Walker Review on Arbitration Process for Negotiating Land Access Agreements

42 Easements Image: Jeremy Buckingham

43 LANDHOLDER RIGHTS

44 Land and Water Commissioner Provide guidance to landholders and the community Oversee land access agreements Provide advice to government on applications for exploration or production activities

45 Compensation Landholders are entitled to compensation if their land is injuriously affected by CSG activities. Image: Martin Howard Image: Martin Howard Compensation only available where the operations affect the surface of land. This includes crops, trees, grasses or other vegetation. Image: Martin Howard

46 Monitoring and enforcement Image: Tardigrade

47 Legal action Merits appeals Judicial review Civil enforcement

48 Landholder obligations Image: Caroona Coal Action Group

49 Support our work Your support for EDO NSW will help us to: Provide legal advice and representation; Promote changes to environmental laws; and Provide community legal education. Donations are tax deductible

Mining and the law: what you need to know

Mining and the law: what you need to know Gundaroo 18 September 2013 Belinda Rayment Solicitor Emily Ryan Outreach Solicitor Information, not advice The information contained in this workshop is a guide