Footnotes
Chapter 1 - Introduction
[1] Commonwealth of Australia, Journals of the Senate, 22 March 2012, pp 2350–2352.
[2] Senate Selection of Bills Committee, Report No. 4 of 2012, Appendix 7, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Selection_of_Bills/Reports/2012 (accessed 24 May 2012).
[3] Commonwealth of Australia, House of Representatives Votes and Proceedings, No. 101, 22 March 2012, p. 1375.
[4] Commonwealth of Australia, House of Representatives Votes and Proceedings, No. 110, 29 May 2012, p. 1511.
[5] The Hon. Tony Burke, MP, Minister for Sustainability, Environment, Water, Population and Communities, House of Representatives Hansard, 'Second reading speech: Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012', 22 March 2012.
[6] The Hon. Julia Gillard, MP, Prime Minister, 'New focus on scientific evidence to build community confidence in coal seam gas and coal mining', Media release, 21 November 2011, p. 1.
[7] Item 2, inserts a proposed new subsection 131AB.
[8] Item 3.
[9] Item 1.
[10] Item 2.
[11] Item 7, proposed section 528.
[12] Item 10, proposed section 528.
[13] Water Act 2007, section 4.
[14] While the Chair may also have scientific qualifications this is not considered to be a mandatory requirement as the person appointed to the position must possess the full range of skills and experiences that are necessary to chair a committee of the functions identified.
[15] The Hon. Ian Macfarlane, House of Representatives Hansard, 'Consideration in detail: Environment Protection and Biodiversity Conservation Amendment (Coal Seam Gas and Large Coal Mining Developments) Bill 2012, p.56.
[16] Item 4, inserts proposed new section 505C.
[17] Item 4, inserts proposed new section 505C.
[18] Explanatory Memorandum, p. 7.
[19] Item 4, inserts proposed new section 505D.
A declared state or territory is one that has signed up to the National Partnership Agreement on Coal Seam Gas and Large Coal Mining Developments.
[20] See Senate Rural and Regional Affairs References Committee, Inquiry into the management of the Murray Darling Basin, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Rural_and_Regional_Affairs_and_Transport/Completed%20inquiries/2012-13/mdb/index (accessed 25 May 2012).
[21] Senate Rural and Regional Affairs References Committee, Management of the Murray Darling Basin - Interim report: the impact of mining coal seam gas on the management of the Murray Darling Basin, November 2011, https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Rural_and_Regional_Affairs_and_Transport/Completed%20inquiries/2012-13/mdb/interimreport/index (accessed 25 May 2012).
Chapter 2 - Background
[1] Geoscience Australia website, 'Australian mines atlas: Coal seam gas fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal_seam_gas.html (accessed 25 May 2012).
[2] The Australian Petroleum Production and Exploration Association (APPEA), Submission 28, p. 1.
[3] New South Wales Parliamentary Library Research Service, Regulation of the coal seam gas industry in NSW, e-brief 1/2011, January 2011, p. 1, www.parliament.nsw.gov.au/prod/parlment/publications.nsf/key/RegulationofthecoaleamgasindustryinNSW/$File/e-brief.coal+seam+gas.pdf (accessed 25 May 2012).
[4] New South Wales Parliamentary Library Research Service, Regulation of the coal seam gas industry in NSW, e-brief 1/2011, January 2011, p. 1.
[5] Arrow Energy website, 'What is coal seam gas?', www.arrowenergy.com.au/page/Our_Company/What_is_Coal_Seam_Gas/ (accessed 24 May 2012).
[6] Senate Rural and Regional Affairs References Committee, Management of the Murray Darling Basin - Interim report: the impact of mining coal seam gas on the management of the Murray Darling Basin, November 2011, p. 3, www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees?url=rrat_ctte/mdb/interim_report/index.htm (accessed 25 May 2012).
[7] Geoscience Australia website, 'Australian mines atlas: Coal seam gas fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal_seam_gas.html (accessed 25 May 2012).
[8] Senate Rural and Regional Affairs References Committee, Management of the Murray Darling Basin - Interim report: the impact of mining coal seam gas on the management of the Murray Darling Basin, November 2011, p. 5.
[9] APPEA, Submission 28, p. 2.
[10] Geoscience Australia website, 'Australian mines atlas: Coal seam gas fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal_seam_gas.html (accessed 25 May 2012).
[11] Although these seams have less gas content than high rank Permian age coal, lower rank coal at shallow depths (100 to 600 metres) are more permeable and CSG can be more easily extracted.
[12] Geoscience Australia website, 'Australian mines atlas: Coal seam gas fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal_seam_gas.html (accessed 25 May 2012).
[13] Geoscience Australia and Australian Bureau of Agricultural and Resource Economics (ABARE), Australian energy resource assessment, Australian Government, Canberra, 2010, p. 96, www.ga.gov.au/products/servlet/controller?event=GEOCAT_DETAILS&catno=70142 (accessed 25 May 2012).
A petajoule is a measure of energy equivalent to 1015 joules. One petajoule is the heat energy approximately equivalent to 43 000 tonnes of black coal or 29 million litres of petrol. See Department of Energy, Resources and Tourism, Energy in Australia 2012, Canberra, February 2012, p. xii.
[14] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 96.
[15] Geoscience Australia website, 'Australian mines atlas: Coal seam gas fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal_seam_gas.html (accessed 25 May 2012).
[16] Geoscience Australia website, 'Australian mines atlas: Coal seam gas fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal_seam_gas.html (accessed 25 May 2012).
[17] APPEA, Submission 28, p. 6.
[18] Geoscience Australia website, 'Australian mines atlas: Coal seam gas fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal_seam_gas.html (accessed 25 May 2012).
[19] Department of Sustainability, Environment, Water, Population and Communities website, 'Coal seam gas approvals – Frequently asked questions', www.environment.gov.au/epbc/coal-seam-gas/faq.html#all (accessed 24 May 2012).
[20] New South Wales Parliamentary Library Research Service, Regulation of the coal seam gas industry in NSW, e-brief 1/2011, January 2011, p. 1.
[21] For more information on possible impacts of coal seam gas mining see Senate Rural and Regional Affairs References Committee, Management of the Murray Darling Basin - Interim report: the impact of mining coal seam gas on the management of the Murray Darling Basin, November 2011.
[22] See Senate Rural and Regional Affairs References Committee website, 'Inquiry into the management of the Murray Darling Basin', www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees?url=rrat_ctte/mdb/index.htm (accessed 25 May 2012).
[23] Geoscience Australia website, 'Australian mines atlas: Coal fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal.html (accessed 14 June 2012).
[24] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 135.
[25] Geoscience Australia website, 'Australian mines atlas: Coal fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal.html (accessed 14 June 2012).
[26] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 135.
[27] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 135.
[28] Geoscience Australia website, 'Australian mines atlas: Coal fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal.html (accessed 14 June 2012).
[29] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 141.
[30] Geoscience Australia website, 'Australian mines atlas: Coal fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal.html (accessed 14 June 2012).
[31] Geoscience Australia website, 'Australian mines atlas: Coal fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal.html (accessed 14 June 2012).
[32] Geoscience Australia website, 'Australian mines atlas: Coal fact sheet', www.australianminesatlas.gov.au/education/fact_sheets/coal.html (accessed 14 June 2012).
[33] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 131.
[34] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 131.
[35] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 131.
[36] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 132.
[37] Geoscience Australia and ABARE, Australian energy resource assessment, Australian Government, Canberra, 2010, p. 132.
[38] Department of Resources, Energy and Tourism, Mineral and petroleum exploration and development in Australia: A guide for investors, 'Chapter 9: Exploration and mining legislation – Onshore', p. 1, www.ret.gov.au/resources/Documents/Minerals%20and%20Petroleum%20Exploration/Guide_for_%20Investors_9OnshoreLegislation.pdf (accessed 14 June 2012).
[39] Information in this section has been drawn from the Department of Resources, Energy and Tourism, Mineral and petroleum exploration and development in Australia: A guide for investors, 'Chapter 9: Exploration and mining legislation – Onshore', p. 1.
[40] For information on the environmental approval process for mining in New South Wales and Queensland see New South Wales Parliamentary Library Research Service, Regulation of the coal seam gas industry in NSW, e-brief 1/2011, January 2011, p. 6, www.parliament.nsw.gov.au/prod/parlment/publications.nsf/key/RegulationofthecoaleamgasindustryinNSW/$File/e-brief.coal+seam+gas.pdf (accessed 25 May 2012).
[41] Government of South Australia website, 'Mining operations', www.sa.gov.au/subject/Business%2C+industry+and+trade/Licensing+and+regulation/Licensing/Minerals/Mining+operations (accessed 14 June 2012).
[42] See EPBC Act, s. 75.
[43] See EPBC Act, s. 19, 81, 82, 130, 133, and 134.
[44] Matters of national environmental significance include: world heritage properties, national heritage places, wetlands of international importance, threatened species and ecological communities, migratory species, the Great Barrier Reef Marine Park and nuclear actions.
[45] EPBC Act, s. 75.
[46] Except in the cases of public inquiries, where the commission is required to report to the minister, and assessment under a bilateral agreement or accredited assessment process, where the minister receives an assessment report from the relevant State or Territory on the impacts of the action. See EPBC Act, s. 47, 87, 93, 95C, 100, 105 and 122.
[47] EPBC Act, s. 130.
[48] See Murray Darling Basin Authority website, 'Draft Basin Plan', www.mdba.gov.au/draft-basin-plan (accessed 25 May 2012).
[49] Department of Sustainability, Environment, Water, Population and Communities website, 'Coal seam gas approvals – Frequently asked questions', www.environment.gov.au/epbc/coal-seam-gas/faq.html#all (accessed 24 May 2012).
[50] Department of Sustainability, Environment, Water, Population and Communities website, Gladstone coal seam and dredging projects – Frequently asked questions', www.environment.gov.au/epbc/notices/gladstone.html (accessed 28 May 2012).
[51] Geoscience Australia, Summary of advice in relation to the potential impacts of coal seam gas extraction in the Surat and Bowen Basins, Queensland, Geoscience Australia and Dr M. A. Habermehl, Canberra, 29 September 2010, p. 1, www.environment.gov.au/epbc/notices/pubs/gladstone-ga-report.pdf (accessed 28 May 2012).
[52] Geoscience Australia, Summary of advice in relation to the potential impacts of coal seam gas extraction in the Surat and Bowen Basins, Queensland, Geoscience Australia and Dr M. A. Habermehl, Canberra, 29 September 2010.
[53] Department of Sustainability, Environment, Water, Population and Communities website, Gladstone coal seam and dredging projects – Frequently asked questions', p. 3.
[54] Department of Sustainability, Environment, Water, Population and Communities website, Gladstone coal seam and dredging projects – Frequently asked questions', pp 1–3.
[55] Department of Sustainability, Environment, Water, Population and Communities website, Gladstone coal seam and dredging projects – Frequently asked questions', p. 1.
[56] The Hon. Julia Gillard, MP, Prime Minister, 'New focus on scientific evidence to build community confidence in coal seam gas and coal mining', Media release, 21 November 2011, p. 1.
[57] The Hon. Julia Gillard, MP, Prime Minister, 'New focus on scientific evidence to build community confidence in coal seam gas and coal mining', Media release, 21 November 2011, p. 1.
[58] The Hon. Julia Gillard, MP, Prime Minister, 'New focus on scientific evidence to build community confidence in coal seam gas and coal mining', Media release, 21 November 2011, p. 1.
[59] The Hon. Tony Burke, MP, Minister for Sustainability, Environment, Water, Population and Communities, 'Interim committee to advise on coal seam gas and large coal mining', Media release, 27 January 2012.
[60] Interim Independent Expert Scientific Committee on Coal Seam Gas and Coal Mining website, 'The committee', www.environment.gov.au/coal-seam-gas-mining/about.html (viewed 29 May 2012).
[61] Interim Independent Expert Scientific Committee on Coal Seam Gas and Coal Mining website, 'Terms of reference', www.environment.gov.au/coal-seam-gas-mining/pubs/coal-seam-interim-committee-tor.pdf (accessed 14 June 2012).
[62] Interim Independent Expert Scientific Committee on Coal Seam Gas and Coal Mining website, 'About', www.environment.gov.au/coal-seam-gas-mining/about.html (accessed 7 May 2012).
[63] Standing Council on Federal Financial Relations website, 'National Partnership Agreement on Coal Seam Gas and Large Coal Mining Developments', www.federalfinancialrelations.gov.au/content/national_partnership_agreements/environment/csg_and_lcmd/NP.pdf (accessed 14 June 2012).
[64] Western Australia, Tasmania and the Australian Capital Territory do not have coal mining activity and have therefore not been part of the National Partnership Agreement negotiations.
[65] Council of Australian Governments (COAG), National Partnership Agreement on coal seam gas and large coal mining development, p. 2.
[66] Council of Australian Governments (COAG), National Partnership Agreement on coal seam gas and large coal mining development, p. 4.
[67] Council of Australian Governments (COAG), National Partnership Agreement on coal seam gas and large coal mining development, pp 2–3.
[68] Council of Australian Governments (COAG), National Partnership Agreement on coal seam gas and large coal mining development, p. 5.
Chapter 3 - Discussion of key issues
[1] For a list of individuals and organisations that made submissions see Appendix 1.
[2] For example see: National Farmers' Federation (NFF), Submission 3; Caroona Coal Action Group, Submission 5; Australian Lot Feeders' Association, Submission 7; and Basin Sustainability Alliance, Submission 18.
[3] For example see: Association of Mining and Exploration Companies (AMEC), Submission 6; AGL Energy, Submission 13; and Australian Petroleum Production and Exploration Association (APPEA), Submission 28.
[4] For example see: Mr Jim Leggate, Submission 1, p. 1; National Environmental Law Association (NELA), Submission 15, p. 2; Basin Sustainability Alliance, Submission 18, p. 1; Australian Network of Environmental Defender's Offices (ANEDO), Submission 24, p. 1; and Cotton Australia, Submission 27, p. 3.
[5] Friends of Felton, Submission 2, p. 2.
[6] Australian Pork, Submission 4, p. 2.
[7] For example see: Friends of Felton, Submission 2, p. 2; Australian Pork, Submission 4, p. 1; Basin Sustainability Alliance, Submission 18, p. 1; and ANDEO, Submission 24, p. 1.
[8] Basin Sustainability Alliance, Submission 18, p. 1.
[9] Australian Lot Feeders' Association, Submission 7, p. 2.
[10] For example see: Caroona Coal Action Group, Submission 5, p. 5; The Wilderness Society and Northern Inland Council for the Environment, Submission 30, p. 1; and Mr Cam Walker, National Liaison Officer, Friends of the Earth Australia, Proof Committee Hansard, 13 June 2012, p. 3.
[11] Mr Cam Walker, National Liaison Officer, Friends of the Earth Australia, Proof Committee Hansard, 7 June 2012, p. 3.
[12] Ms Carmel Flint, Spokesperson, Northern Inland Council for the Environment, Proof Committee Hansard, 7 June 2012, p. 1.
[13] Mr Timothy Duddy, Spokesman, Caroona Coal Action Group, Proof Committee Hansard, 7 June 2012, p. 13.
[14] For example see: AMEC, Submission 6, p. 2; Minerals Council of Australia, Submission 12, p. 2; AGL Energy, Submission 13, p. 4; Santos, Submission 25, p. 2; and APPEA, Submission 28, p. 8.
[15] AMEC, Submission 6, p. 2.
[16] Santos, Submission 25, p. 2.
[17] Minerals Council of Australia, Submission 12, p. 2.
[18] Minerals Council of Australia, Submission 12, p. 2.
[19] Minerals Council of Australia, Submission 12, p. 2.
[20] Council of Australian Governments (COAG), 'COAG Meeting, Canberra, 13 April 2012, Communiqué', p. 2, www.coag.gov.au/coag_meeting_outcomes/2012-04-13/index.cfm (accessed 13 June 2012).
[21] Ms Melanie Stutsel, Director, Health, Safety, Environment and Community Policy, Minerals Council of Australia, Proof Committee Hansard, 7 June 2012, p. 30.
[22] Ms Melanie Stutsel, Director, Health, Safety, Environment and Community Policy, Minerals Council of Australia, Proof Committee Hansard, 7 June 2012, p. 37.
[23] For example see: NSW Irrigators Council, Submission 8, p. 5; Minerals Council of Australia, Submission 12, p. 2; NELA, Submission 15, p. 2; and Government of Western Australia, Submission 26, p. 1.
[24] NELA, Submission 15, p. 2.
[25] NELA, Submission 15, p. 2.
[26] NFF, Submission 3, p. 1; and NSW Irrigators Council, Submission 8, p. 5.
[27] NSW Irrigators Council, Submission 8, p. 5.
[28] NFF, Submission 3, p. 3.
[29] AMEC, Submission 6, p. 4.u
[30] ANEDO, Submission 24, p. 2.
[31] An explanation of the National Partnership Agreement is contained in Chapter 2.The National Partnership Agreement definition of 'significant impact on water resources' can be found in Council of Australian Governments (COAG), National Partnership Agreement on Coal Seam Gas and Large Coal Mining Development, p. 8, www.federalfinancialrelations.gov.au/content/national_partnership_agreements/environment/csg_and_lcmd/NP.pdf (accessed 13 June 2012).
[32] Ms Alexandria Rankin, First Assistant Secretary, Office of Water Sciences, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 7 June 2012, p. 45.
[33] Ms Alexandria Rankin, First Assistant Secretary, Office of Water Sciences, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 7 June 2012, p. 45.
[34] For example see: Australian Pork, Submission 4, p. 2; Terry and Christine Stanton, Submission 11, p. 2; and The Wilderness Society and Northern Inland Council for the Environment, Submission 30, p. 1.
[35] The Wilderness Society and Northern Inland Council for the Environment, Submission 30, p. 1.
[36] Ms Carmel Flint, Spokesperson, Northern Inland Council for the Environment, Proof Committee Hansard, 7 June 2012, p 6.
[37] Mr Timothy Duddy, Spokesman, Caroona Coal Action Group, Proof Committee Hansard, 7 June 2012, p. 19.
[38] Ms Melanie Stutsel, Director, Health, Safety, Environment and Community Policy, Minerals Council of Australia, Proof Committee Hansard, 7 June 2012, p. 33.
[39] Ms Alexandria Rankin, First Assistant Secretary, Office of Water Sciences, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 7 June 2012, p. 43.
[40] Ms Alexandria Rankin, First Assistant Secretary, Office of Water Sciences, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 7 June 2012, p. 43.
[41] Ms Alexandria Rankin, First Assistant Secretary, Office of Water Sciences, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 7 June 2012, pp 43–44.
[42] Ms Alexandria Rankin, First Assistant Secretary, Office of Water Sciences, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 7 June 2012, p. 44.
[43] For example see: Australian Pork, Submission 4, p. 1; Australian Lot Feeders' Association, submission 7, p. 2; and Queensland Murray-Darling Committee, Submission 9, p. 8.
[44] Ms Carmel Flint, Spokesperson, Northern Inland Council for the Environment, Proof Committee Hansard, 7 June 2012, p 6.
[45] Mr Andrew Gregson, Chief Executive Officer, NSW Irrigators Council, Proof Committee Hansard, 7 June 2012, p. 40.
[46] Ms Alexandria Rankin, First Assistant Secretary, Office of Water Sciences, Department of Sustainability, Environment, Water, Population and Communities, Proof Committee Hansard, 7 June 2012, p. 44.
[47] Item 1.
[48] Explanatory Memorandum, p. 4.
[49] AGL Energy, Submission 13.
[50] APPEA, Submission 28, p. 9.
[51] Minerals Council of Australia, Submission 12, p. 2.
[52] For example see: Lock the Gate Alliance, Submission 20, p. 4; and The Wilderness Society and Northern Inland Council for the Environment, Submission 30, p. 2.
[53] Ms Naomi Hogan, Campaign Manager, The Wilderness Society, Proof Committee Hansard, 7 June 2012, p. 3.
[54] NELA, Submission 15, p. 2.
[55] ANEDO, Submission 24, p. 2.