Mining and Coal Seam Gas
Following the success of the Association’s previous Mining Taskforce, a Mining Reference Group has been established to advise the Association (via the CRM Committee) on mining, coal seam gas (CSG) and related infrastructure (e.g. rail and pipeline) issues. The Reference Group is chaired by Executive Councillor and Region 4 Chair Judi Sheedy, and comprises more than 30 farmers across the state.
Latest News
Wilcox Report into Opal Mining in Lightning Ridge
NSW Farmers has welcomed the long awaited release of the Wilcox Report which looks at the opal mining industry in Lightning Ridge. NSW Farmers CEO Matt Brand hosted Murray Wilcox on a tour of affected properties in May of this year as part of his review and the tour (photos below) was followed up with a detailed submission outlining member concerns.
While pleased that the report has finally been released, NSW Farmers is disappointed with the outcome of the report which falls short of making recommendations about rehabilitation and terms of access – two of the primary concerns raised by NSW Farmers. The report has been released for a 12 week consultation period during which the Association will be making formal submissions to government outlining its concerns.
Submissions in response to the Wilcox Report will close on 22 February 2012.
Members can contact head office with their input and are also encouraged to submit their own views directly.
Call to Action!
Prior to the March 2011 election, both NSW Labor and the NSW Coalition committed to implementing a Strategic Regional Land Use Policy.
It was promised that this policy would take a balanced approach to mineral, coal, and coal seam gas (CSG) exploration on agricultural land in NSW. Now months on, the O’Farrell Government has yet to fully implement the policy.
NSW Farmers is now asking members to take action and contact their local MPs to make sure the promise is kept.
Click here for details on how you can help
NFF Mining and CSG Taskforce Meeting in Hunter Valley
The National Farmers’ Federation (NFF) Mining and Coal Seam Gas Taskforce toured the Hunter Valley 27 October 2011 to see first-hand the impacts of intense mining activity across the region, gaining a practical insight into issues such as cumulative impacts; burgeoning land use conflict; and regional planning. NSW Farmers is an active member of the Taskforce, which met in Singleton the following day to discuss mining and CSG policy issues of national significance.
Mining and CSG in Western Sydney 
The NSW Farmers President Fiona Simson was a guest panellist at a Q&A Forum titled Can’t eat your house - development threatens Food Bowl as part of the Sydney International Food Festival 2011 held in Penrith on 26 October 2011. Fiona highlighted the growing land use conflict in the Western Sydney region, from urban sprawl to mining and coal seam gas activities, and the opportunity offered by accurate delivery of the NSW Government’s Strategic Regional Land Use Policy..
Click here for the latest Sydney map showing current petroleum (CSG) titles...
CSG Inquiry Submission Lodged
NSW Farmers has lodged a comprehensive submission in response to the first CSG Inquiry in NSW, with more than 30 recommendations for change, including calling on the NSW Government to improve property rights of landholders by giving them the ‘right to veto’; and an independent study into the impacts of CSG exploration production on property values. NSW Farmers will be giving evidence at the public hearing to be held at Parliament House, Sydney on 17 November 2011. The General Purpose Standing Committee No. 5, chaired by the Hon Robert Brown MLC, is inquiring into and will report on the environmental, economic and social impacts of CSG activities, including exploration and commercial extraction activities The final report is expected to be handed down in April 2012.
Senate Inquiry
The Association lodged a detailed submission in response to the Senate Inquiry into Management of the Murray Darling Basin – impact of mining and coal seam gas and gave evidence at the public hearing on the Inquiry, held in Narrabri 2 August 2011. The transcript from the hearing, where the Association was represented by President Fiona Simson and Senior Policy Manager Brianna Casey, is now available.
Mining Taskforce Updates
The Association regularly releases Mining/CSG Updates to inform members about recent activities in this area.
Click here for a copy of the July 2011 update...
Click here for a copy of the April 2011 update...
Click here for a copy of the January 2011 update...
Negotiating Access Agreements
Under NSW law, the Government owns and controls mineral and petroleum resources under the surface of the land. With the increase in mineral, coal, coal seam gas and gas infrastructure activities across NSW, the Association has prepared a summary of key points for property owners to consider when negotiating access agreements. This summary is intended to complement the suite of documents already available to members regarding exploration access and land access agreements (see Fact Sheets below).
Click here for a copy of the summary...
NSW Coal and Gas Strategy
The former Kenneally Government commenced preparation of a NSW Coal and Gas Strategy in early 2011 (click here for background information on the Strategy). The Association lodged a detailed submission in response to the Terms of Reference and Scoping Paper for the Strategy, seriously questioning the merits of continuing with the proposed process.
Click here for a copy of the Association’s submission...
National Water Commission Position Statement on CSG
The National Water Commission (NWC) issued a formal position statement on the Coal Seam Gas (CSG) industry in Australia on 3 December 2010. The Commission has called for industry, governments and planners to adopt a precautionary and more integrated approach to managing water-related impacts of CSG developments.
In its formal position statement, available from the NWC website, the Commission states that if not adequately managed and regulated, the CSG industry risks having significant, long-term and adverse impacts on adjacent surface and groundwater systems. This is consistent with the Association's concerns and is further evidence of the need for the NSW Government to implement the Association's Framework for Sustainable Development - Planning for Agriculture and Extractive Industries (see below). The NWC advises the Council of Australian Governments (CoAG) and the Australian Government on national water issues and the progress of the National Water Initiative.
Under the Water Act 2007, the Commission is also charged with auditing the effectiveness of implementation of the Murray-Darling Basin Plan and associated water resource plans. As such, the Association made reference to the Commission's concerns with the impact of CSG on connected surface and groundwater systems in the Murray Darling Basin.
Please click here to go to the Association's Murray Darling Basin Page for more information...
 Framework for Sustainable Development
NSW Farmers’ Association has released a Framework for Sustainable Development, focused on planning for agriculture and extractive industries. The Framework seeks to provide adequate protection for agricultural land and water resources and farmers’ property rights.
The Framework includes a recommended pause on mining exploration and production licences, which would only apply to new applications for mineral and gas tenements; renewal applications; and extension of work programmes.
Click here for a copy of the Framework...
Click here for a copy of a Briefing Note explaining where the moratorium would and would not apply...
AgQuip Coal and Gas Information Session
An information session on Coal and Gas was held at AgQuip 18 August 2010. Copies of the presentations from the information are provided below.
Draft Mining Regulation and Code
The Association lodged two detailed submissions 17 June 2010 in response to the proposed Mining Regulation 2010 and public exhibition draft of the NSW Code for Routine Exploration Activities with Low Environmental Impact. The preparation of the Regulation and Code was coordinated by Industry and Investment NSW and the Minister for Mineral and Forest Resources. In its submissions, the Association placed on record the failure of Industry & Investment NSW to follow fundamental probity guidelines in the process of developing and releasing the draft regulation in that it failed to treat all organisations with interest in this process impartially; ensure that all process information was provided to all interested parties; and act objectively to enable all interested parties be given an equal opportunity to present their respective proposals within a reasonable time. Given the importance of ensuring a workable interface between mining and rural industry, the Association also provided copies of its submissions to the Minister for Primary Industries.
Supreme Court Decision on Caroona Mining Access Agreements
On 5 March 2010, the Supreme Court of NSW handed down its decision in a case supported by the Association and the Australian Farmers' Fighting Fund that review the Exploration Access agreements handed down by review of the Mining Warden covering two farms in the Caroona region. The decision quashed the agreements on the basis of jurisdictional error, finding that Coal Mines Australia Pty Ltd had failed to notify all persons defined as a landholder in the making of the access agreement. This was because it was held that the Mining Act 1992 contemplates a single access agreement between the exploration licence holder and all landowners, including mortgagee, whether arrived at either by consent or arbitration.
The decision also held that:
- access could be withheld from the holder of an exploration licence, however this would be bound to the terms of the proposed agreement, with the licence holder able to recommence negotiations for exploration.
- that the Mining Warden's decision not to incorporate terms covered by the exploration licence within the access agreement was flawed. This was on the basis that the legislation contemplates the rights of landholders to enforce specific conditions of access to their property during exploration.
In making its decision, the Court relied upon the recent Kirk Group Holdings decision of the High Court of Australia, which was also supported by the Association and the Australian Farmers' Fighting Fund. Please click here for a copy of the full transcript.
Fact Sheets
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