Key Points:
Changes to NSW water laws, and a proposal for a new EPBC
Act approval trigger for water impacts, will increase the
regulatory burden for mining and coal seam gas
projects
The last fortnight has seen two major developments in regulatory
controls on water impacts from mining and coal seam gas (CSG)
projects, which are likely to increase the regulatory burden for
these projects.
On 1 March 2013 the NSW Government has activated a new section
in the Water Management Act 2000 which specifically requires a
water access licence for dewatering of mines and CSG wells. In
addition, on 12 March 2013 the Commonwealth Government announced it
would add a new approval trigger to the Environment Protection and
Biodiversity Conservation Act 1999 (Cth) (EPBC Act) to require
approval for a mining or CSG project with likely significant
impacts on water resources. The Government followed this with the
introduction of an EPBC amendment Bill into Parliament on 13
