CSG and landholder rights Bellata, 10 September 2014 Sarah Roebuck Solicitor Jemilah Hallinan Outreach Director
EDO NSW
EDO NSW publication on mining and CSG law
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)
OVERVIEW OF CSG IN NSW
CSG titles Special prospecting authorities Exploration licences Assessment leases Production leases
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
CSG EXPLORATION AND PRODUCTION Assessment Processes
Recent developments Office of Coal Seam Gas http://www.resourcesandenergy.nsw.gov.au/landholdersand-community/coal-seam-gas/office-of-coal-seam-gas
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
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
Development consent for exploration Designated Development SSD EIS Local Council EIS Gateway PAC
Recent Developments
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
Production Lease Approval Process Application Notification Environmental Assessment under planning process Decision
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
PAC hearings http://www.pac.nsw.gov.au/
The gateway process
Commenting on CSG exploration applications
Commenting on applications for development consent - SSD
MEASURES TO PROTECT THE ENVIRONMENT
Environmental Impact Assessment Designated Development EARs EIS (SIS) EARs EIS (SIS) SSD Part 5 REF (EIS, SIS)
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 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 CSG developments are underway or planned; and Oversee research on potential water-related impacts of CSG and/or large coal mining developments.
The Aquifer Interference Policy Image: Kate Ausburn
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. http://www.resourcesandenergy.nsw.gov.au/landholdersand-community/coal-seam-gas/water-data-project
Recent development Independent review of CSG activities in NSW http://www.chiefscientist.nsw.gov.au/coal-seam-gas-review
RESTRICTIONS ON CSG ACTIVITIES
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
Protections for special areas Image: Ausemade Pty Ltd http://www.ausemade.com.au/
Exempted areas Image: Tony Pickard
Protections for cultivated land Image: Lock the Gate Alliance
Recent developments New exclusion zones Protections for residential areas Protections for critical industry clusters Image: Lock the Gate
ACCESS ARRANGEMENTS
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
Agreed Principles of Land Access Santos AGL NSW Farmers Cotton Australia Irrigators Council
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.
Recent developments - Arbitration Walker Review on Arbitration Process for Negotiating Land Access Agreements
Easements Image: Jeremy Buckingham
LANDHOLDER RIGHTS
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 http://www.trade.nsw.gov.au/lw-commissioner
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
Monitoring and enforcement Image: Tardigrade
Legal action Merits appeals Judicial review Civil enforcement
Landholder obligations Image: Caroona Coal Action Group
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