Chapter 1
Introduction
Conduct of the Inquiry
1.1
This committee's inquiry into the Coal Seam Gas (CSG) industry is a
subset of its broader inquiry into the Murray-Darling Basin and its capacity to
maintain its position as a significant food producer in the context of reduced
availability of water for agriculture, both as a result of water management
decisions and, potentially, as a consequence of changing weather patterns
resulting from climate change.
1.2
The Committee, as part of that general inquiry has been examining:
The economic, social and environmental impacts of mining coal
seam gas on:
- the sustainability of water
aquifers and future water licensing arrangements;
- the property rights and values of
landholders;
- the sustainability of prime
agricultural land and Australia’s food task;
- the social and economic benefits
or otherwise for regional towns and the effective management of relationships
between mining and other interests; and
- other related matters including
health impacts.
1.3
The committee is required to report on the inquiry into the management
of the Murray-Darling Basin by 30 November 2011. This report constitutes a
first report on that matter. A final report will be tabled in the Senate on 29
June 2012. The committee will continue to monitor developments in the CSG
industry.
1.4
This report concentrates on CSG developments within the Basin, which are
the focus of the industry and of public concern. The main regions of concern to
this committee, where the industry is expanding very rapidly, are in south-west
Queensland and north-west New South Wales. The committee held hearings and
inspections in Roma, Dalby and Narrabri and further hearings in Brisbane and
Canberra. Details of these and of the submissions that the committee has
received can be found in Appendices 1 and 2.
1.5
The committee has received 370 submissions to the general inquiry into
the Murray-Darling Basin. Submissions specifically relating to the coal seam
gas issue start at approximately number 200.
1.6
The committee has received submissions and some evidence from groups in
areas outside the Basin, the Myall Lakes area and the Southern Highlands of New
South Wales for example. Many of the issues and concerns dealt with in this
report are of immediate relevance to those communities as well.
Acknowledgements
1.7
The committee acknowledges the contribution of all those individuals and
organisations that made written submissions and also those who appeared as
witnesses. The committee regrets that it was unable to hear all those who
wished to appear in person during hearings and appreciates the efforts made by
individuals and organisations in providing information to the committee and
giving their time to hosting the committee on its inspections.
Structure of the Report
1.8
This chapter provides an outline of the CSG industry and of its
potential impact on Murray-Darling Basin water resources and agricultural
production. Subsequent chapters examine the impact on groundwater, the management
of the very large volumes of water that the industry will extract, land access,
land use and social impacts. A final chapter reviews the debate over the
greenhouse gas footprint of the CSG industry.
What is Coal Seam Gas?
1.9
Coal seam gas, also known as Coalbed methane (CBM) or Coalbed natural
gas (CBNG) in the US, is predominantly methane found in coal deposits un-minable
using conventional techniques. Methane is the major component of what is
commonly known as fire-damp, a major safety hazard in underground coal mining. Chemically
CSG is virtually identical to 'conventional' natural gas. The use of terms
such as CSG, shale gas and, generically, unconventional gas, refer to the
sources of the gas rather than its chemical composition.
1.10
CSG is a valuable energy source which, with a minimal amount of cleaning,
can be used in the same way as natural gas from conventional sources. In 2008
Australia produced 139 Petajoules (PJ)[1]
of coal seam gas, predominantly from the Bowen and Surat Basins in Queensland.
CSG represented approx 10% of Australia's, and 80% of Queensland's, gas
consumption.[2]
It is estimated that Australia's demonstrated economic reserves of CSG are some
16 590 PJ; demonstrated reserves are 46 590 PJ and inferred reserves 122 020.[3]
1.11
Natural gas, which when burnt is a cleaner fuel than coal or oil, is
promoted as an important transitional fuel for economies, particularly rapidly
industrialising countries such as China and India, moving to lower emission and
renewable energy futures. The whole of life emissions produced by the coal seam
gas industry is the subject of some debate, which is discussed below in Chapter
5. Proponents also note that, used in conjunction with solar thermal power
stations, gas-powered generation can provide the required base-load power.
1.12
As a resource CSG is, potentially, highly valuable
both as a domestic energy source and as an export commodity, and these new
developments are driven by export demand, for it to be realistic to think that
some kind of outright ban on further development is likely. For example, the
Queensland government clearly views CSG as a driver of economic development and
a valuable source of energy, employment, export income and revenue.[4]
Water
1.13
CSG is dispersed throughout coal seams and occurs:
...in a near-liquid state, lining the inside of pores within
the coal (called the matrix). The open fractures in the coal (called the
cleats) can also contain free gas or can be saturated with water.[5]
1.14
The gas is held in that state by water pressure. Thus it is necessary to
reduce the pressure in the coal seam to allow the gas to flow:
Methane is commonly extracted from coal deposits by pumping
large quantities of aquifer groundwater.[6]
A defining characteristic of nearly
all CBNG developments is the requirement to initially pump large quantities of
formation water from the coal seams (dewatering) to reduce the reservoir
pressure and allow the methane to desorb and flow into the cleat or fracture
system.[7]
1.15
The term 'dewatering' is frequently used to describe this process. To
the extent it suggests the removal of all the water in a coal seam from which
gas is being extracted, the term is misleading. Pressure in the target seam is
only reduced to a level where the gas will flow. Origin Energy, part of the Australia
Pacific LNG (AP LNG) consortium, for example, advises that lowering the
pressure of its production field in the Walloon Coal Measures involves the
removal of approximately 5% of the water. This still represents a large volume
of water; AP LNG estimates that it will produce from 25 000 and 57 000
megalitres of water per annum.[8]
1.16
It is important to note that, as the poor quality of most CSG water
suggests, this water is generally not coming from the most commonly used
artesian or sub-artesian water sources used by agriculture or for domestic and
town water supply. In fact it is normally separated from these sources by tens
or hundreds of metres of intervening strata.
1.17
The main cause for concern is with the potential impact of the
extraction of large volumes of water on the pressure within adjacent aquifers, the
stability of the intervening strata, the levels of water and directions of
flow, and the possibility of contamination of higher quality water, all of
which may have a long term impact on sources of groundwater used for
agriculture, rural communities and the environment.
1.18
These concerns are compounded by the uncertainty surrounding many of
these issues. In a briefing to the committee, for example, CSIRO emphasised
that it was difficult to accurately estimate impacts of CSG production on water
particularly because of the long time delays associated with groundwater
processes and the lack of knowledge of baseline conditions against which
impacts could be measured.
1.19
Other major issues are use, storage, treatment and disposal of the
water. The industry does not have fully developed plans for the management of
the water and associated salts and brine. Salt and brine are very significant
issues. For example AP LNG advised the committee that, over the 40 to 45 year
life of its projects in Queensland, it expected to produce approximately 3.5
million tonnes of salt.[9]
Queensland Gas (QGC) expects to produce 4.6 million tonnes of salt from its
operations in South-Western Queensland over the next 30 years.[10]
1.20
In addition, the fact that CSG operators are permitted to remove this
water outside the normal water approvals and licensing regimes applying to
other users has been a significant cause of the hostility of many rural
communities and landowners. They have been subject to ever-tightening
restrictions on their access to groundwater for agricultural or domestic use,
while, at the same time being involved in expensive programs of well-capping
and other measures to manage water resources more efficiently.
Wells
1.21
Extraction of the gas requires the drilling of a very large number of
wells. Early estimates were of some 40 000 wells being drilled over the 40 to
50 year life of the industry. More recent experience with production suggests
that fewer wells will be required, perhaps 20 000.
1.22
There is wide-spread concern about the security of the gas wells. They
will, in most cases, be drilled through shallower sub-artesian and artesian
aquifers used for domestic and agricultural supply. To avoid leakage and
contamination the wells must be to a very high standard, completely sealed from
these intervening strata. The industry is confident that it can do this and
will have in place monitoring equipment to ensure that any leakage is
identified and rectified very promptly.
1.23
The industry has been complying with its own best practice standards and
the Queensland Government has recently published its Code of Practice for
Constructing and Abandoning Coal Seam Gas Wells in Queensland.[11]
The objectives of the code are to,
... to ensure that all CSG wells are constructed and
abandoned to a minimum acceptable standard resulting in long term well integrity,
containment of gas and the protection of groundwater resources. CSG wells and
their associated facilities can be made low risk through compliance to high
design standards, robust safety obligations, documented industry standards and
experience, and strong governance programs.[12]
1.24
The stability of the wells for the long term and responsibility for
their monitoring subsequent to decommissioning remain issues of particular concern.
Fraccing
1.25
The geology of the coal seam determines the complexity of the gas
recovery process. Some reserves may be tapped by simple vertical and horizontal
wells in greater or lesser numbers depending on the permeability and flow paths
within the seam.
1.26
In less favourable conditions, perhaps 30% - 40% of wells in the current
developments, some method of 'flow enhancement' including hydraulic fracturing,
fraccing, may be necessary to free the gas from the geological structures which
contain it. The use of fraccing can reduce the number of wells required thus
limiting the impact of the industry on the land surface.
1.27
Hydraulic fracture involves pumping large volumes of water mixed with
sand and a range of chemicals into the coal seam under high pressure to
fracture the seam, allowing the gas to flow. The purpose of the sand is to hold
open the fractures while the gas is extracted. Fraccing fluids are stored and
handled separately from the rest of the produced water.
1.28
As explained by CSIRO, most of the water and added chemicals used in the
fraccing process is immediately pumped out of the well. However, fraccing can
involve very large volumes of water – from 100 to 10 000 cubic metres. Thus a
residue of even one per cent is still a significant volume.[13]
1.29
Fraccing has become a cause for concern for two main reasons: the
potential for the process to damage the strata surrounding coal seams, causing
movement of water and gas between them; and the health risks posed by the chemicals
used in fraccing fluid.
Agriculture
1.30
Much of the land affected by this industry is productive agricultural
land and, properly managed, will remain a valuable resource for Australia and
the world for many generations. Given the growing world population, and the
consequent pressures on water and agricultural land, it is vital that the
interests of a valuable, but relatively short lived industry are not allowed to
put at risk vital food producing industries and the land, water and communities
on which they depend.
1.31
The requirement to give access to a gas company that holds an
exploration permit over private land has been a source of considerable anxiety
and, in some cases, hostility. The potential impacts on agriculture, the
network of exploration and production wells, access roads, pipelines and
associated easements, compressors and residential work camps could make some
agricultural properties unworkable in their present form.
1.32
The risks of the loss of access to groundwater as a result of CSG mining
and of contamination of the soils by salts or brine are of major concern to
landholders. The possible alteration of surface drainage patterns as a result
of gas related construction or subsidence have also been referred to in
evidence to the committee. These matters are discussed below.
1.33
In focussing on agricultural land, the committee is not ignoring the
important environmental values of such areas as the Pilliga in New South Wales
which must also be protected. It would be an unwelcome outcome if the efforts
to protect productive agricultural land led to a relaxation of protection for
areas of high conservation value.
Public concern
1.34
The coal seam gas industry has become the focus of public concern for a
number of reasons. Coal seam gas has been produced in Queensland in relatively
small volumes from the Bowen Basin since 1997. It did not attract much public
attention until the rapid expansion of the last five years. Public anxiety has
grown dramatically with the intrusion of the industry into regional areas with
highly productive agricultural industries and urban centres.
1.35
The very high volumes of water that will be produced as a by-product of
gas production, the potential threat that poses to the long-term security of
ground and surface water, the potential impact of the industry on agriculture
and the impact on rural and regional communities have combined to generate
broadly based opposition to the industry.
1.36
Public concern was exacerbated by the realisation that possession of an
exploration permit for coal seam gas entitled the holder of that permit to have
access to land even without the consent of the landowner. In fact there are
very few examples of a company seeking to enforce that legal right, but it
nonetheless added to community anxiety about the industry.
1.37
At the same time there is a perception that the rapid expansion of the
coal seam gas industry has caught government out, leading to a sense that
regulators are playing 'catch up', responding to issues once they emerge rather
than anticipating them.
Social Impacts
1.38
The gas industry is already having a range of social impacts which can
be expected to grow as the intensity of development increases. The weight of
evidence the committee received dwelt on the negative impacts of the industry,
reflecting the fact that those who are benefiting from it see little need to
contact parliamentary inquiries.
1.39
For landholders the intrusion of a gas company, even at the exploration
stage, is significant. Drilling rigs, well heads, access roads, pipelines and
other infrastructure have a direct impact on the operation of an agricultural
property and the associated noise, dust and movement of people also have a
large and often disturbing impact on farming families.
1.40
At the community level, the 'two speed economy' is becoming a day-to-day
reality. On the positive side local jobs are created and the demand for a range
of local goods and services increases. The obverse of this is that increased
demand for many services such as skilled trades and higher wages offered by gas
companies can raise the cost of labour, services and housing to other users and
make it more difficult to find workers while an influx of fly-in-fly-out
workers can create a sense of insecurity for permanent residents.
1.41
Local government faces similar challenges with increased demand on
infrastructure such as roads and for some services, and increased costs. The
industry can, at the same time, present an opportunity to improve some
infrastructure.
1.42
At the committee's hearings in Roma representatives of the Maranoa
Regional Council commented that the council was neither for nor against the
industry: "Our job is simply to try to represent the community as best we
can, such as the different interests you heard today...". A Coal Seam Gas
Consultative Council was formed in 2010 with:
the role of bringing the two [gas] companies together, along
with a lot of the government departments and the other impacted bodies around
Roma, to try and get some agreement on some of the infrastructure developments
and so on.[14]
1.43
The two areas of greatest direct concern to the Council were roads and
housing. The increase of traffic associated with the industry, particularly
heavy vehicles requires greater expenditure on upgrading and maintaining roads
in the region. The Council and the companies:
... are having arguments about whether [the gas companies]
are or are not and we are agreeing, where we can, on the proportion of damage
that is attributable to that industry. So we are having those discussions and
trying to leverage money from them for that.[15]
1.44
The Mayor described the housing situation as 'untenable'. Rents are more
than doubling and long-term tenants are not having their leases renewed. These
problems are typical of all mining towns. Various responses are being
developed.
1.45
The Queensland Government is developing some low-cost housing for Roma
and the companies have committed funds to construct new houses as well. In
addition, the use of fly-in-fly-out workers has been justified as helping to
control housing costs.
1.46
The gas companies are also making contributions to the local communities
in other ways. Some of it is dismissed as public relations but is no doubt
welcomed by the sporting and service clubs that benefit. Other projects such as
the redevelopment of Roma Airport and the reinjection of water into the
Gubberamunda aquifer will provide the community with lasting benefits.
1.47
The gas companies obligations in this area have been written in to the
conditions applying to the production approvals granted in Queensland. For
example, the Co-ordinator-General has imposed the following requirements on AP
LNG,
- Cooperate
with local authorities and service providers with specific actions documented
in agreements and underpinned by evidence-based plans approved by the
Coordinator-General where there is disagreement,
- Provide
mandatory housing in communities to be affected by project-induced population
increases,
- Provide
financial investments in certain community services,
- Fund road
upgrades agreed to by road authorities and in accordance with pre-existing
standards related to numbers of vehicles using particular roads ...[16]
1.48
It is important that it be born in mind that this is a relatively short
lived boom and that as far as is possible, communities should seek to gain
lasting benefits from it. At the same time, communities must avoid creating
demands or expectations that are unsustainable once the boom has passed. Where
change can be managed it is important that as the industry spreads, the lessons
of these early developments are learned and applied.
1.49
State and local government need to have new funding arrangements in
place to deal with increased demands; the gas industry has to be given clear
guidelines for what will be expected of it in terms of contributions to
mitigate disruption of communities.
1.50
There are practical responses to tangible problems such as housing,
infrastructure, or public health. However there is relatively little that can
be done for those who simply find change difficult to come to terms with.
1.51
For many families it creates a high degree of uncertainty both about the
long term viability of their farm or 'lifestyle block' and the immediate
changes to a way of life, which may include loss of privacy, increased dust and
noise and a loss of a sense of security as gas company employees have access
their land.
1.52
The changes are often double edged. A number of submissions have expressed
concern about the impact of fly-in-fly-out workers citing research that shows
the disruptive impact on the local community and commenting that the employment
benefits of development may not necessarily flow to the local community. Yet
the use of such workers eases the pressure on housing and the cost of local
services
1.53
This conflict was neatly encapsulated on a recent Insight television
program on the industry from a representative of a local football club:
... there has been a drop off in volunteers because they are
working the shifts, they are not home on weekend and the disposable income
helps them go away. If they want to go down and the watch the Broncos play they
will go there instead of staying in Chinchilla.[17]
1.54
It is easy to understand that the decline in volunteers to help the
junior players represents a real loss to the community while, at the same time,
welcoming the higher disposable income that give workers the chance to get away
for the weekend.
Governance
1.55
The industry is primarily regulated under an array of state laws but
approvals are also required under Commonwealth legislation, principally the Environment
Protection and Biodiversity Conservation Act 1999 and the Water Act 2007.
1.56
The gas companies have made much of the extremely demanding regulatory
environment in Australia. In submissions to the committee, QGC noted that the:
QCLNG Project was assessed for environmental and social
impact under Queensland and Commonwealth legislation in a process that began in
2008 and took more than two years. The environmental and social impact
assessment totalled more than 12,000 pages.[18]
1.57
AP LNG has described the conditions imposed on it as
"unprecedented":
... the Coordinator-General has, in addition to existing
legislative requirements, imposed a set of conditions that have not been used
to previously regulate project impacts in Queensland. ...
- 58 imposed
conditions mainly related to environmental and water issues,
- 16 imposed
conditions related to traffic and transport issues, and
- 5 imposed
conditions (including many sub-components) related to social and economic
impacts.
Conditions imposed under the Commonwealth Environment
Protection and Biodiversity Conservation Act 1999 for each of the three
components of the Australia Pacific LNG Project (gas fields, pipeline and LNG
facility) total 261.[19]
The large number of conditions is
indicative of the many complex issues, challenges and uncertainties that are
presented in regulating this industry.
1.58
The Queensland Government has established:
... the LNG Enforcement Unit to ensure the industry complies
with the strict new regulatory regime. Fifty new specialist groundwater,
environmental and safety staff have been employed. A proactive compliance plan
is also in place to closely monitor CSG industry actions.[20]
Committee view
1.59
The coal seam gas industry is a relatively short-term prospect.
Individual gas wells have a life of about fifteen years. The industry is likely
to be worked out in the next fifty years. Thus the interests of the industry
must not be allowed to undermine or permanently compromise the long term future
of other sectors, most notably agriculture and the environment.
1.60
Given the progress of the industry, it is clear that workable
compromises must be struck between the competing interests. This may require
further delay in approving new developments or temporary suspension of
exploration in particular regions while a sound research-based understanding of
geology, groundwater, aquifers and soils is developed. It may involve the
exclusion of prime agricultural land (though that can be hard to define) or
land exhibiting particular soil types or topography from gas exploration and
production. Restrictions on drilling in particularly sensitive aquifers and on
certain production techniques such as fraccing might be necessary.
1.61
The public debate on this matter has become very polarised. Particularly
in its early stages there was no shortage of examples of 'cowboy' behaviour by
exploration companies. This was exacerbated by the high degree of uncertainty
that surrounds many of the potential impacts of the industry. The reliance on
examples drawn from experience in other countries, particularly the United
States, with different legal regimes, financial imperatives and geologies, has
not contributed to an understanding of the Australian situation.
1.62
For example, in evidence to the committee, Dr J R Underschultz pointed
out to the committee that in the US the industry had been driven by:
... a tax inventive primarily around drilling. The coal seam
gas industry received its tax incentive based on the yard stick of how many
metres of well that they drilled. ... it became known as factory drilling. They
more or less did not worry about the geology. They had a grid pattern that they
drilled because there was a tax incentive around drilling.[21]
1.63
In practice the industry's impacts in Australia will vary considerably
depending on the regulatory framework, scale of operation, the geology and
hydrology of particular locations and regions, the existing land use and the
technologies used.
1.64
Cooperation between Queensland and New South Wales in developing similar
regulatory regimes reflecting best practice in the industry will also offer a
degree of regulatory certainty to the gas companies. A clear regulatory
framework which offers CSG companies certainty will also encourage technical
innovation to conduct production with the minimum impact both on the land
surface and the sub-surface geology.
1.65
It must also be acknowledged that the performance of the gas industry
has been highly variable. The committee has received a great deal of evidence
about the best practices that the industry can demonstrate and its high
aspirations with regard to every aspect of its operations. Equally, examples of
poor behaviour have contributed to public hostility to the industry.
1.66
The committee has seen examples of land degradation caused by seepage
from extracted water storage ponds, leaking gas pipes, untreated water seeping
into watercourses and erosion caused by poorly installed pipelines. It has
heard from landholders who felt bullied or patronised by gas company
representatives seeking access to their land. These practices may not be
typical of the industry but in a highly contested area such as CSG mining they
can have a disproportionate impact on public perception.
1.67
Failures to engage with the public have allowed misunderstandings or
hostile views to go effectively unchallenged. On the issue of the greenhouse
gas footprint of the industry, for example, a scholarly article from the US
dealing with shale gas has been the basis for much adverse comment from
opponents of the industry even though its direct relevance to Australia and CSG
was limited.
1.68
A submission from the Lock the Gate Group, in its original
version, altered quotations from the same US article to suggest
that it was a study of coal seam gas when it clearly related to gas extracted
from shale.
1.69
An independent study of the industry in Australia, commissioned by the
APPEA and completed in April 2011, which addressed many of these concerns was
not made public until November, despite the major gas companies having no stated
objection to its publication.[22]
1.70
Despite the extent of the Environmental Impact assessment process
required prior to approval, and the array of conditions attached to the
approvals, a perception remains that the industry is inadequately regulated.
1.71
The Queensland Government describes its approach to managing the
industry as one of 'adaptive management'. This allows it to develop policies in
response to evolving knowledge and changing circumstances. Critics see adaptive
management as confirmation that government is playing 'catch up'. In addition
many submissions to the committee have suggested that the regulatory framework
is not sufficiently robust, and particularly that the regulatory authorities
lack the resources to monitor such a dispersed and complex industry.
Recommendation 1
1.72 The committee recommends that federal and state governments conduct a
thorough review of the appropriateness of 'adaptive management' in the context
of regulating the industry, given the significant gaps in information regarding
cumulative and long term impacts of the industry.
1.73
This review should consider particularly whether 'adaptive management'
in this context is consistent with the precautionary principle.
1.74
In its submission to this committee the Queensland Government noted four
"recent initiatives" which a neutral observer might consider should
have been in place somewhat earlier in the development of the CSG industry:
- the development of a code of practice setting "minimum
technical requirements" for the construction of CSG wells;
- stringent water quality safety standards for CSG water discharged
into the environment;
- restrictions on the use of BTEX chemicals; and
- a requirement that operators submit a plan outlining how they
"...propose to manage their CSG water".[23]
1.75
The adoption by the Queensland Government of reinjection, after
production approvals had been given, as the preferred method of dealing with
produced water is another example of the management of a key impact of the
industry being left ill-defined.
1.76
In addition, some baseline research that should have been conducted
prior to the commencement of production is in fact being carried out in
parallel with it. For example, a submission to the committee quotes from a
Queensland Gas Compnay (QGC) request seeking amendments to its consent
conditions for extraction in the Ruby (Qld) area on the grounds that:
- There is no regional groundwater model for the Ruby area – the
Queensland Water Commission is currently developing one;
- QGC will be "better able to map groundwater contours"
once the baseline bore assessments have been completed. The results from the
monitoring ... is "many months" away; and
- Information regarding the location and types of aquifers
"will be much better" once baseline assessments are completed.[24]
1.77
Concern about uncertainty should be mitigated to an extent by the fact
that in New South Wales no production approvals have been given in the
Murray-Darling Basin and that the development of the industry in both
Queensland and NSW will be phased over time.
The Australia Pacific LNG Project will be developed gradually
in stages. As a result, there are large areas within the Project’s tenements
that are not planned to be developed for more than ten years. This will mean
that any lessons learned in the initial stages of production will improve the
processes for subsequent stages of development.[25]
Commonwealth Action
1.78
The committee is aware that many of the issues which are dealt with in
this report are the constitutional responsibility of the states and, in other
areas, there are overlapping jurisdictions. However the committee believes that
there are sound arguments for the Commonwealth to take the initiative in
seeking a coordinated approach to this industry.
1.79
The Great Artesian Basin underlies three states and the Northern
Territory, thus its management is a matter of national importance. The surface
waters of the Murray-Darling Basin are now managed nationally; it is desirable
that GAB waters be managed in the same way.
1.80
Coal seam gas is found in several states and the issues surrounding the
industry can be expected to recur as it expands beyond its current areas of
interest. Thus matters such as land access, land management, extracted water
management, technical standards and the disposal of salt and brine should be
the subject of a coordinated approach.
1.81
It would, for example, be an unjust outcome if the rights of landholders
in Queensland were to be significantly less than those in New South Wales just
because the industry originated there and other governments had the opportunity
to learn from the problems that emerged.
1.82
The industry will also benefit from a uniform approach to regulation.
Regulatory uncertainty is a major risk for any industry and can be a
significant cost. In addition the committee has been aware throughout its
inquiry of the significant variation in behaviour and approach between the
companies. As a general statement if 'best practice' in every area of activity
became the industry norm, a great deal of public opposition and concern would
dissipate.
1.83
The legal regime in Queensland governing the coal seam gas industry has
been evolving rapidly on the basis of actual experience. The lessons learned
and the changes made as a result should be available to New South Wales in
developing its law in this area.
1.84
The committee trusts that there is extensive consultation between the
Queensland and New South Wales authorities. NSW has the opportunity to have a
comprehensive regulatory framework in place before production commences,
drawing on lessons learned, and Queensland at least has the opportunity to
refine its approach for later developments.
Recommendation 2
1.85 The committee recommends that the Commonwealth Government, through the
Council of Australian Governments, or Standing Council on Energy and Resources
(SCER), take the initiative in promoting a consistent national regulatory
framework for all aspects of the coal seam gas industry.
1.86
The committee notes the recent announcement by the Commonwealth that it
will,
Provide $150 million to establish a new Independent Expert Scientific
Committee that will provide scientific advice to governments about relevant
coal seam gas and large coal mining approvals where they have significant
impacts on water; oversee research on impacts on water resources from coal seam
gas and large coal mining projects; and commission and fund water resource
assessments for priority regions.
Establish a new National Partnership Agreement with the
states through COAG, agreeing that the Commonwealth and states have to take
into account the advice of the Committee in their assessment and approval
decisions.[26]
1.87
It is too early to make any comment on how these new arrangements will
work but it is to be hoped that they contribute to a more considered approach
to the industry.
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