AgForce Queensland has expressed concern about the inconsistency of State Government legislation covering groundwater protection.
A case currently before the Queensland Land Court between farmers and a large coal company highlights the disparity that exists between CSG and coal mining regulations, AgForce says.
The case raises concerns about the adequacy of compensation arrangements for affected landholders.
AgForce General President, Ian Burnett, said one of the most important issues faced by landholders was the potential impact mining developments might have on groundwater availability – in particular, the dewatering of underground aquifers by mining companies to get access to coal or mineral deposits.
Last week, Federal Environment Minister Greg Hunt announced 47 large coal mine and CSG developments (35 in Queensland) which would be assessed under national environment law and require federal environmental assessment of potential impact on water resources.
Under new amendments, the Minister can now include a range of conditions in project approvals to ensure water resource impacts are acceptable.
“However it is the state-based regulation in Queensland surrounding how such potential impacts are managed and compensated for which is of greatest concern to the Queensland rural sector, given the clear inconsistency between that imposed on the petroleum and gas industries with that of coal,” Mr Burnett said.
For example, CSG companies which impact on underground water bores are compelled by the Water Act 2000 to enter into “make good” agreements with potentially affected landholders.
These agreements ensure that if predicted water loss impacts on farm operations, CSG companies have to provide an appropriate alternative supply of water or fair compensation.
Mr Burnett said this was important because the majority of underground water impacts of both CSG and mining are not seen in the aquifer until operations are established.
“However, unlike the CSG companies, coal and other mineral companies whose activities impact on underground water resources are not legislatively required by the state to enter into “make good” agreements with affected farmers, despite those farmers facing similar concerns over future water loss as those affected by CSG,” Mr Burnett said.
“Despite the obvious gap in legislative protections. some coal proponents have voluntarily bridged this gap by issuing “make good” agreements to landholders likely to be impacted by mine dewatering, but it is not across the board.
“Our environment and our farmers … clearly deserve this basic protection.” he said.
“It is time for the State Government to enact legislative change and for this gap to be closed.”
