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Changes to Environment and Planning Regulations for Coal and Gas in the Central West

Changes to Environment and Planning Regulations for Coal and Gas in the Central West. Mudgee Mining Conference Jenni Mattila 20 March 2012. Overview. Part 1 : Strategic Regional Land Use Policy Part 2 : Aquifer Interference Policy Part 3 : Coal Seam Gas Code of Practice.

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Changes to Environment and Planning Regulations for Coal and Gas in the Central West

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  1. Changes to Environment and Planning Regulations for Coal and Gas in the Central West Mudgee Mining Conference JenniMattila 20 March 2012

  2. Overview • Part 1: Strategic Regional Land Use Policy • Part 2: Aquifer Interference Policy • Part 3: Coal Seam Gas Code of Practice

  3. Part 1: Strategic Regional Land Use Policy • February 2011 - Strategic Regional Land Use Policy part of the O’Farrell Government pre-election commitments • 23 May 2011 – formal announcement • 6 March 2012 – Draft Regional Strategic Land Use Policy for • Upper Hunter • New England North West • Draft Coal Seam Gas Code of Practice • Aquifer Interference Policy • 3 May 2012 – Consultation closes

  4. Key initiative – Regional Strategic Plans • 4 priority plans: • Upper Hunter • New England/Northwest • Central West • Southern Highlands

  5. State Environmental Planning Policy • Released 17 August 2011 for public consultation • Repeals Part 3A of the EPA Act, inserts a new division in Part 4 • SEPP outlines classes of development which will be state significant development (SSD), including: • Mining in an environmentally sensitive area • Mining with capital investment > $30M • Mining related works with capital investment > $30M • Metal, mineral and extractive material processing with capital investment > $30M

  6. Developing Strategic Regional Land Use Plans: • Public consultation requirement on release of Draft Plans • Agricultural Impact Statements in the interim • Establishment of Independent Scientific Panel - “Gateway Panel”

  7. Key Changes • Strategic Agricultural Land (on or in 2 kms) • “Gateway” - Review of mining or drilling proposal by Independent Scientific Panel prior to Development Application • 21 days Public Exhibition with submission from stakeholders • Two types of Strategic Agricultural land: • Biophysical Strategic Agricultural Land • Critical Industry Clusters • Approval by Gateway Panel: • No appeal from Gateway Panel • Receive a Gateway Certificate • Lodge a Development Application and proceed to full merit assessment

  8. Central West Strategic Regional Land Planning • Until Central West Plan released and finalised must lodge an Agricultural Impact Statement • Agricultural Impact Statement must cover impact on: • Support services • Critical mass thresholds • Movement of water away from agriculture • Visual amenity • Landscape values • tourism

  9. Part 2: Aquifer Interference Policy • Gateway Panel must consider: • Impacts of aquifer interference • Potential for leakage from adjacent water sources due to depressurisation • Aquifer compaction • Loss of storage • Creation or enhancement of hydrolytic connection within or between the water sources: • Potential for loss of flow or pressure • Cross contamination • Change to ambient water quality • If Gateway Panel approves the application it is exempt for the requirement for an aquifer interference approval under the Water Management Act

  10. Part 3: Coal Seam Gas Code of Practice • The draft Code of Practice for: • Mandatory standards of community consultation during the exploration phase • Ongoing landowner contact • Wider consultation with relevant stakeholders • Also covers: • Conduct of staff and sub-contractors on site • Treatment and disposal of waster water

  11. Questions Jenni MattilaPrincipal jennimattila@mattilalawyers.com.au Ph: (02) 9252 7177

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