NSW Strategic Regional Land Use Policy

The draft Aquifer Interference Policy and draft Strategic Regional Land Use Plans for the Hunter and New England/North West and draft Code of Practice for Coal Seam Gas were released for public consultation 6 March 2012. These documents represent the first formal indications of how committed the O’Farrell Government is to its Strategic Regional Land Use Policy (see below for background information on the policy).

NSW Farmers has lodged a comprehensive submission in response to the draft documents, recommending changes to the draft land and water protection policies developed by the NSW Government.  Whilst the draft policies go some way towards delivering these protections, a number of sensible amendments outlined in the NSW Farmers submission are needed to ensure final policies meet community expectations.

• Click here to view our submission...

For information on the Aquifer Interference Policy, the Regional Land Use Plans and what these mean for you please see the briefing notes below:

• Briefing note – draft Aquifer Interference Policy
• Briefing note – draft Regional Land Use Policies

NSW Farmers has been quite vocal in identifying areas of deficiency in the draft documents during the consultation phase, resulting in accusations of “incorrect assertions” about the draft documents.  Click here for NSW Farmers’ response to these accusations.

For full copies of the draft policies and information about lodging submissions, please see http://haveyoursay.nsw.gov.au/regionallanduse.

NSW Farmers has also initiated a Protect our Land and Water campaign.  Click here to visit the campaign website.

What We Need

The O’Farrell Government promised the people of NSW that their Strategic Regional Land Use Policy would restore balance and create certainty for communities, farmers and industry, by defining areas where mineral, coal and CS activities should and should not occur, PRIOR to Exploration Licences being granted. NSW Farmers is very concerned that this commitment does not appear to be being met.

WE NEED strong legislation that does not allow mining and coal seam gas activities to proceed if it places our precious land and water resources at risk.

WE NEED urgent changes to legislation to protect our property rights by allowing farmers the right to refuse access to mining, CSG and exploration companies. This change will empower us in this process and put the onus on companies to address our concerns and compensate fairly.

WE NEED mining, CSG and exploration companies to treat us with respect and recognise that we are professionals running professional businesses.

WE NEED the O’Farrell Government to immediately implement the promise in their Strategic Regional Land Use Policy that the community will be consulted PRIOR to the tender for Exploration Licences.

WE NEED the O’Farrell Government to keep its election promise.

So What’s All the Fuss About?

Currently, more than 100% of the land area of NSW is covered cumulatively by applications and titles for minerals, coal and/or CSG exploration or production (given that many regions have multiple layers of applications and titles).

Click here for a copy of the map showing current licences in NSW.

Many people’s homes and businesses are covered by exploration licences without their knowledge. Much of this area earmarked for minerals, coal and CSG exploration and production overlaps the state’s most productive and strategically important farm land. Massive leases now affect communities from Tooraweenah to Taree, from Byron Bay to Boggabri, from the Shoalhaven to St Peters in Sydney. Demand for food is set to increase by 70% by 2050 as the global population rises to around 9.1 billion people (United Nations, How to Feed the World in 2050). If we lose our food bowls to mining and CSG, how will we continue our important role in contributing to global food security?

What Can I Do?

Get active! The best legislative influence comes from well-informed, concerned farming families communicating their concerns with their local MP through correspondence (letters/emails) and personal visits. If you don’t know who your local Member is, or which electorate you’re in, please follow the links below:

• What is my NSW Electorate?
• Find my NSW MP and MLC

Write a letter, send an email, or make a phone call, asking for your local MP to explain to you – preferably in writing – what they are doing to ensure that the Strategic Regional Land Use Policy commitments are being met, and what that means for you at a local level. Make it clear to your MP what we need (see above), and how concerned you are.

If you are unsure whether minerals, coal or coal seam gas exploration and/or production is an issue in your electorate, please click on your electorate below for a map of current and proposed activity in your area. You can also check the TITLE STATUS REPORTS listing coal titles and applications, minerals exploration titles and applications; and petroleum (CSG) titles and applications.

NSW Farmers has a range of TIPS ON HOW TO LOBBY EFFECTIVELY at a local level. Please click on the links below for detailed information on:

• How to write a letter to your Local MP
• Ringing your local MP
• Meeting your local MP face to face
• Lobbying tips for effective advocacy
  

What is the Strategic Regional Land Use Policy?

The NSW Liberals and Nationals Strategic Regional Land Use Policy was launched 16 February 2011 following almost two years of detailed discussions between the then Shadow Minister for Industries, NSW Farmers Association and the NSW Minerals Council.  NSW Farmers viewed the Policy as a positive and significant step forward in achieving a balance between the State’s major land uses, not limited to agriculture and mining. The Policy outlines a clear commitment to statewide strategic planning, which aims to provide a framework for future development right across NSW – not just those regions currently under the most development pressure.  The Policy included an ambitious timeframe for delivery of crucial legislative and policy provisions, including a ‘period of tougher assessment’ by way of formal transitional arrangements.  Given the focus of the Policy on implementing an upfront, strategic planning process capable of addressing land use conflict, NSW Farmers has recommended that the guiding principles of the policy be considered as part of the broader review of the Environmental Planning and Assessment Act 1979 (click here for details on the EP&A Act Review).

The Strategic Regional Land Use Policy aims to restore balance to land use competition, predominantly between the agricultural and extractive industries.  Underlying the policy is the recognition that strategic agricultural land and water resources are rare and valuable and should not be placed at risk by mining and coal seam gas development.  To meet this objective the policy proposes the development of Strategic Regional Land Use Plans (SRLUPs) which were intended to identify and protect strategic agricultural land.

NSW Farmers was successful in having a commitment to the timely development and implementation of an Aquifer Interference Policy and Regulation included in the Strategic Regional Land Use Policy.  In the past, proponents have benefited from being exempted from what NSW Farmers deems critically important aquifer interference approvals under Section 91 of the Water Management Act 2000 via Part 3A (major project provisions) of the Environmental Planning and Assessment Act 1979.   This has now been remedied by the removal of Part 3A and the recent introduction of the Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill 2011, ensuring that mining and coal seam gas activities are no longer exempt from the requirement to obtain an aquifer interference approval.  This is consistent with the Strategic Regional Land Use Policy, which stipulates that:

• “all development applications will be required to adhere to the Regulation” (p3);
• “major projects are subject to greater scrutiny” (p4); and
• “where CSG activities involve interference with groundwater systems, we will require that proponents must obtain an Aquifer Interference Approval under S91 of the Water Management Act 2000 (p5).

What has NSW Farmers Been Doing About This Issue?

NSW Farmers has been tireless in its efforts to bring about massive reform in the way minerals, coal and CSG activities are regulated, planned for, and executed. The NSW Farmers Mining and CSG web page contains a range of information and regular updates on key activities undertaken by NSW Farmers, including:

• Participating in the Stakeholder Reference Group process which oversees the implementation of the Strategic Regional Land Use Policy (members received an email 13 October 2011 regarding NSW Farmers’ concerns with this process);
• Submissions to State and Federal Mining/CSG Inquiries, calling for a right of veto; improved protection of property rights, and our land and water resources; improved regulatory frameworks and a range of other reforms;
• Regular meetings across the State to inform members about their rights and obligations regarding access agreements, and why a right of veto is long overdue;
• Policy development, including a detailed Framework for Sustainable Development; and
• A range of local, regional and Statewide activities.

Click here to visit the Mining/CSG page…