Chapter 1
Introduction
1.1
On 22 March 2012 the Senate referred the Environment Protection and
Biodiversity Conservation Amendment (Independent Expert Scientific Committee on
Coal Seam Gas and Large Coal Mining Development) Bill 2012 [Provisions] (the
bill) to the Environment and Communications Legislation Committee (the
committee) for inquiry and report by 20 June 2012.[1]
1.2
The provisions of the bill were referred on the recommendation of the
Senate Selection of Bills Committee who wished for the committee 'to give
careful examination to the detail of the legislation'.[2]
1.3
The bill was introduced to the House of Representatives on 22 March 2012
by the Minister for Sustainability, Environment, Water, Population and
Communities, the Hon. Tony Burke.[3]
The bill passed the House on 29 May 2012 with one amendment (see 'Outline of
the bill' in Chapter 2).[4]
1.4
The bill has yet to be introduced to the Senate.
1.5
In accordance with usual practice the committee advertised the inquiry
on its website. In addition the committee wrote to relevant organisations
inviting submissions. The committee received 30 submissions (see Appendix 1)
and held one public hearing in Canberra on 7 June 2012 (see Appendix 2).
1.6
The committee would like to thank the organisations and individuals that
made submissions to the inquiry and the representatives who gave evidence at
the public hearing.
Purpose of the bill
1.7
The bill seeks to amend the Environment Protection and Biodiversity
Conservation Act 1999 (EPBC Act) to create an Independent Expert Scientific
Committee (IESC) on coal seam gas and large coal mining developments. [5]
1.8
The establishment of the IESC is part of an initiative announced by the
Prime Minister, the Hon. Julia Gillard, on 21 November 2011 to provide
independent scientific advice to the Commonwealth and designated state and
territory governments on coal seam gas and large coal mining developments where
they have a significant impact on water.[6]
1.9
In support of the IESC, the Commonwealth government has negotiated a
National Partnership Agreement with relevant state and territory governments to
ensure that they seek the advice of the IESC when considering applications for
coal seam gas and large coal mining developments that have a significant impact
on water.
Outline of the bill
1.10
The bill would establish an Independent Expert Scientific Committee on
Coal Seam Gas and Large Coal Mining Development (IESC).
1.11
The bill would require the Commonwealth environment minister to request
and consider the advice of the IESC where a proposed action involves a coal
seam gas development or a large coal mining development and is likely to have a
significant impact on water resources and may have an adverse impact on a
matter of national environmental significance.[7]
In these instances the minister would be required to take into account all
relevant advice provided by the IESC before deciding whether to approve or not
approve an action that impacts on a matter of national environmental significance.[8]
1.12
In circumstances where the minister has requested advice from the IESC,
it is proposed that the "clock be stopped" for two months on the
prescribed time in which the minister is required to make a decision.[9]
This would allow the IESC adequate time to prepare their advice.
1.13
The IESC is proposed to commence on 1 July 2012.[10]
Definitions
1.14
Under the bill, a coal seam gas development is defined as:
...any activity involving coal seam gas extraction that has,
or is likely to have, a significant impact on water resources:
(a) in its own right; or
(b) when considered with other developments, whether
past, present or reasonably foreseeable developments.[11]
1.15
A large coal mining development is similarly defined as any coal mining
activity that has, or is likely to have, a significant impact on water
resources in its own right, or when considered with other developments.[12]
1.16
The term 'water resource' in the bill takes its definition from the Water Act 2007
and relates to any surface water, ground water, watercourse, lake, wetland or
aquifer (whether or not it currently has water in it).[13]
The term also includes all aspects of the water resource including water,
organisms and other components and ecosystems that contribute to the physical
and environmental value of the water resource.
1.17
The bill does not define the term 'significant impact'.
Membership
1.18
The IESC would consist of at least five, but not more than eight
members. Members of the IESC are to be appointed by the minister on a part-time
basis. The minister must also appoint one member of the IESC to be the Chair.
1.19
When appointing members (other than the Chair) the minister would have
to ensure that each member possesses appropriate scientific qualifications that
the minister considers relevant to the performance of the IESC, including but
not limited to: ecology geology, hydrology, hydrogeology, natural resource
management, and health.[14]
1.20
Following the successful passing of an amendment to the bill in the
House of Representatives on 29 May 2012, the bill would require a majority of
the members to hold scientific qualifications and expertise in one or more of
the following areas: geology, hydrology, hydrogeology, and ecology.[15]
1.21
The minister would also have to ensure that each member's appointment is
not being made to represent any particular body, group or community to ensure
the independence of the IESC.[16]
1.22
The terms and conditions of appointment, termination and remuneration of
the IESC would be consistent with those set out in Division 3 of Part 19 of the
EPBC Act.[17]
This would ensure the IESC operates in a way that is consistent with other
statutory bodies established under the EPBC Act (such as the Threatened Species
Scientific Committee).[18]
Functions
1.23
The IESC would provide within two months of a request from either the
Commonwealth environment minister or a minister of a declared state or
territory, scientific advice in relation to proposed coal seam gas or large
coal mining developments under their jurisdiction that are likely to have a
significant impact on water resources.[19]
1.24
At the request of the Commonwealth environment minister, the IESC would
also to provide advice relating to:
-
how bioregional assessments should be conducted in areas where a
coal seam gas development or large coal mining development is being carried out
or is proposed;
- priority areas in which bioregional assessments should be
undertaken;
- bioregional assessments commissioned by the minister; and
- priorities for research projects to improve scientific
understanding of the impacts of coal seam gas developments and large coal
mining developments on water resources.
1.25
The functions of the IESC would also include:
- publishing information about improving the consistency and
comparability of research in relation to the impacts of coal seam gas and coal
mining developments on water resources;
- publishing information relating to the development of standards
for protecting water resources from the impacts of coal seam gas and coal
mining;
- collecting, analysing, interpreting and disseminating scientific
information in relation to the impacts of coal seam gas and large coal mine
developments on water resources;
- doing any other function prescribed by the regulations; and
-
doing anything incidental or conducive to the performance of the
functions above.
1.26
The IESC's role would be advisory only and it would have no
responsibility for issuing approvals for projects or recommending whether a
project should or should not be approved.
Note on inquiry
1.27
This inquiry has specifically examined the provisions of the bill (that
is the establishment and operation of an independent expert scientific
committee) and has not examined the wider issues of coal seam gas extraction and
large scale coal mining.
1.28
The Senate Rural and Regional Affairs and Transport References Committee
(RRAT) is examining the impacts of coal seam gas mining as part of a wider
inquiry into the management of the Murray Darling Basin.[20]
The inquiry's interim report tabled on 30 November 2011 focuses on the
impacts of mining coal seam gas on the Murray Darling Basin.[21]
The RRAT committee is due to table its final report on 29 June 2012.
Report structure
1.29
This report is divided into two substantive chapters. Chapter 2 briefly
outlines the background and policy context in which the legislation is proposed.
Chapter 3 then discusses key issues raised during the course of the committee's
inquiry and outlines the committee's recommendation.
Navigation: Previous Page | Contents | Next Page