APPENDIX 3

Environment Protection and Biodiversity Conservation Act 1999

Division 2B— Establishment and functions of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development

505C Establishment

1. The Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development is established.
2. The Committee is to consist of at least 5, but not more than 8, members.
3. A member of the Committee is to be appointed by the Minister by written instrument, on a part-time basis.
4. The Minister must appoint one member of the Committee to be the Chair.
5. When appointing members of the Committee, the Minister must ensure that:
   1. each member (other than the Chair) possesses appropriate scientific qualifications or expertise that the Minister considers relevant to the performance of the Committee’s functions; and
   2. each member’s appointment is not being made to represent any particular body, group or community.
6. The Minister must also ensure that a majority of the members possess scientific qualifications and expertise in one or more of the following areas:
   1. geology;
   2. hydrology;
   3. hydrogeology;
   4. ecology.

Note:         Other provisions relating to members are set out in Division 3.

505D Functions of the Committee

1. The Committee has the following functions:
   1. within 2 months of a request by the Minister (the Environment Minister)—to provide scientific advice to the Environment Minister in relation to proposed coal seam gas developments or large coal mining developments that are likely to have a significant impact on water resources, including any impacts of associated salt production and/or salinity;
   2. within 2 months of a request by an appropriate Minister of a declared State or Territory—to provide scientific advice to the Minister in relation to proposed coal seam gas developments or large coal mining developments in the relevant State or Territory that are likely to have a significant impact on water resources, including any impacts of associated salt production and/or salinity;
   3. at the request of the Environment Minister—to provide advice to the Environment Minister about:
      • how bioregional assessments should be conducted in areas where coal seam gas development or large coal mining development is being carried out or is proposed; and
      • priority areas in which bioregional assessments should be undertaken; and
      • bioregional assessments commissioned by the Minister;
   4. at the request of the Environment Minister—to provide advice to the Environment Minister about:
      • priorities for research projects to improve scientific understanding of the impacts of coal seam gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity; and
      • research projects commissioned by the Minister in relation to the impacts of coal seam gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity;
   5. to publish information about improving the consistency and comparability of research in relation to the impacts of coal seam gas developments and large coal mining developments on water resources, including any impacts of associated salt production and/or salinity;
   6. to publish information relating to the development of standards for protecting water resources from the impacts of coal seam gas development and large coal mining development, including from any impacts of associated salt production and/or salinity;
   7. to collect, analyse, interpret and disseminate scientific information in relation to the impacts of coal seam gas development and large coal mining development on water resources, including any impacts of associated salt production and/or salinity;
   8. any other functions prescribed by the regulations;
   9. to do anything incidental to, or conducive to, the performance of the above functions.
2. The Committee also has the following functions:
   1. at the request of the Environment Minister—to provide scientific advice to the Environment Minister in relation to a matter that is protected by a provision of Part 3;
   2. at the request of the appropriate Minister of a declared State or Territory and with the written agreement of the Environment Minister—to provide scientific advice to the Minister of the State or Territory in relation to the matters specified in the request, if the Committee has sufficient scientific expertise.

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