House debates

Monday, 28 May 2012

Business

Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012; Second Reading

4:58 pm

Photo of Graham PerrettGraham Perrett (Moreton, Australian Labor Party) Share this | | Hansard source

Thank you, Mr Deputy Speaker, and all of my constituents who have been sitting around waiting for the continuation of this speech can now sleep easy. This is actually very important legislation, the Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012. As I said in my introduction, whilst I have no coal seam gas development projects in my electorate, obviously a lot of people in my electorate of Moreton work in this area and are also concerned about the farmlands that can be affected by this. The benefits of coal seam gas and coalmining developments can be seen easily in Queensland. If we look at the job opportunities there and the housing demand in places like Moranbah and other parts of the state we can see that it is an important industry for future jobs in Queensland. We saw that in the Gillard government's 2012 budget, which centres on making sure that all Australians share in the benefits of the mining boom and our strong economy, with the revenue from these projects distributed across Australia. Unfortunately, it is a very patchy economy. There are parts of Queensland where unemployment is down to one or two per cent, such as up on the Darling Downs where it is hard to get accommodation, but when you go to places like Cairns that depend on tourism there is unemployment north of 14 per cent. So it is definitely a patchy economy and more needs to be done to spread the boom evenly. Nevertheless, some of my constituents are very worried about what CSG and coalmining developments mean for Queensland and want to know what steps are being taken by responsible governments to ensure that these industries are being properly regulated.

Coal seam gas and coalmining are constitutionally state and territory government responsibilities, from the perspective of both environmental approvals and the planning beforehand. I was a bit disturbed to hear Premier Newman indicate upfront that he was going to give a green light to projects—I think that was part of the election campaign—and that he would cut red tape and green tape. Unfortunately, that could be a bit of a black day because, as we need to remember, the regulations are about protecting our environment. I would hope that the state and territory governments take their responsibilities seriously. Obviously the Commonwealth only steps in if a project is likely to have the significant impact on a matter protected under the Environment Protection and Biodiversity Conservation Act, or the EPBC Act, as most people call it. Traditionally, people will see this in the media when we are talking about a threatened species that might be impacted by a project.

The things that need to be considered by the federal government—and they are not, as I said, the exploration permits or minerals development projects or the environmental side of mining—are only national environmental significance factors under the EPBC Act. I will list those factors. They are things to do with World Heritage properties, national heritage places, wetlands of international importance listed under the Ramsar Convention, listed threatened species and ecological communities, migratory species protected under international agreements, Commonwealth marine areas, the Great Barrier Reef Marine Park and nuclear actions, including uranium mines—although that obviously does not apply in Queensland at the moment.

The reason this legislation is before the House is because there has been such community concern. As I said, you have got Alan Jones and the Greens on the same ticket, throw in the member for Kennedy, and I think even the member for New England has spoken on this as well in terms of—

Photo of Tony WindsorTony Windsor (New England, Independent) Share this | | Hansard source

No, you're misleading parliament!

Photo of Graham PerrettGraham Perrett (Moreton, Australian Labor Party) Share this | | Hansard source

concerns about coal seam gas exploration in farmland areas. I do not think I am misleading the parliament. The member for New England is certainly concerned about agriculture and the impact on water in these areas. It is important to try and get the facts out there, and that is why this legislation is so important. While coal seam gas proposals that have been approved under national environmental law are subject to strict conditions to avoid impacts on nationally protected matters—the eight that I have just mentioned—we must continue to take steps to safeguard the environment and allay community fears, especially in light of some of the misinformation that is flying around.

This bill and the establishment of the independent expert scientific committee is aimed at preserving the long-term health, quality and viability of Australia's water resources while supporting the sustainable development of the coal seam gas and coalmining industries. The committee has three roles. One is to provide advice to governments on coal seam gas and coalmining projects because much of the information we receive is currently from the miners and explorers. The second is to oversee bioregional assessments in areas where coal seam gas and/or large coalmining developments are under way or planned and the third is overseeing research on potential water related impacts of these developments. This committee is an open committee, providing regular public updates of its work on its website, publishing its advice and the outcomes of bioregional assessments and commissioned research.

Community fears are fostered by current gaps in scientific knowledge about the direct and cumulative impacts of coal seam gas and coalmining on water resources. This bill commits the Gillard government to investment in public good scientific research on the impacts of these activities. It will ensure that independent expert advice on all relevant project proposals is available to communities, governments and industry and it will ensure the proactive publication of scientific research and advice to states and territory governments. It is absolutely critical that they continue to take action to protect precious environmental areas. The Gillard government is continuing its commitment to creating a sustainable Australia and conserving our precious environment for the future. That means that, on occasion, there is tension between mining development and farming.

The 2012 budget targets our investment in a sustainable Australia to where it is needed most to secure a healthy environment on land and at sea. Through programs such as the Caring for our Country initiative and the recently announced Biodiversity Fund we will continue to improve biodiversity, help protect iconic sites like the Great Barrier Reef and perhaps even the Coral Sea, and support farmers to improve their practices so that these areas benefit.

Queensland is the home to many environmental treasures. For example, one of the world's natural jewels, the Coral Sea, is sitting just to the east of Queensland's Great Barrier Reef. The Coral Sea is recognised across the world as a marine region of great significance for its unique biodiversity. Its reef systems support tropical ecosystems abundant in hard and soft corals, sponges, algae, fish communities and other creatures such as sea stars and marlin. Its islands support critical nesting sites for the green turtle and a range of seabird species. In Australian waters the environment is in near pristine condition and it is still in great condition in the French territories. If we wish to retain areas such as this, the Queensland and Commonwealth governments and other stakeholders must work together.

Obviously as a Queenslander I know that mining jobs are very important, but we also need to ensure that we do not sacrifice our children's future for today's jobs. When I am looking over my political legacy—whenever that might be—from my rocking chair I want to be able to look my grandchildren in the eye and say, 'I had a go at making a difference.' I want a legacy of doing and leading, not just whingeing. That is the focus of the environment protection and biodiversity conservation amendment legislation before the House. We must seize the opportunity to protect these pristine environments, whether they be farmland or the Coral Sea or other areas. This bill will ensure that the governments work cooperatively to understand the potential cumulative impacts of coal seam gas and coalmining developments on water resources and to ensure that this information can be used to assess industry projects. It will also lead to improved decisions without duplicating the existing regulatory requirements at the Commonwealth, state or territory level.

I wholeheartedly welcome the provisions of this bill as it hopefully will help to shift us from community concern to community confidence in the decisions of governments. This will be done by filling knowledge gaps and ensuring that future planning and environmental decisions made by federal, state and territory governments are informed by substantially improved science and independent expert advice. I also welcome this bill's ability to strengthen the regulation of coal seam gas and coalmining approvals and alleviate community concern—even if it be in inner-city electorates like Moreton—about the regulatory processes by enhancing transparency and openness around these processes. It is for these reasons that I commend this bill to the House.

5:08 pm

Photo of Louise MarkusLouise Markus (Macquarie, Liberal Party) Share this | | Hansard source

Water is a most precious resource. Without water we cannot sustain life on this planet and, as with all natural resources, we have the responsibility of wise stewardship. That is why I rise to speak on the bill before the House. The Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 establishes an Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development as a statutory body.

Coal seam gas has gained significant attention in recent times as farmers, landowners, environmentalists and other members of communities across the nation raise their concerns at potential risks to water tables and aquifers, health risks, the capture of prime agricultural land and the loss of property rights. The prime concern is pollution of water through underground aquifers.

Coal seam gas is a more recent type of mining activity where methane gas is extracted from deep coal deposits. While the technology to extract gas from coal seams has been in existence for decades, it has only been in the last 15 years or so that this type of mining has developed in Australia. The challenge is that coal seams store both gas and water, and they are deep—usually around 700 metres. The extraction methodologies use a process called hydraulic fracturing, or 'fracking', and it is this process that has raised concerns within the community.

There are increasing and disturbing reports of aquifers becoming polluted by coal seam gas mining processes. It is quite understandable that everyday Australians are concerned. When we see ordinary Australians, people who have never been involved in protests or the political process before, march in the streets or defy authority by refusing access to properties for the purposes of mining exploration, you know there is an issue that we as parliamentarians need to address. As decision makers we must hear the voices of our communities, and any action that can inform our body of knowledge and advance the wise management of this nation's natural resources is a step in the right direction. The coalition supports an approach that balances protecting the environment, protecting the rights of landholders and the need to protect food security with acknowledging the economic benefits that mining brings to the nation.

The government has allocated $150 million to establish the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development. This committee will provide scientific advice on relevant coal seam gas and large coalmining projects, and commission and fund water resource assessment for priority regions.

The coalition supports the establishment of this committee because it is an additional resource in the development of informed decision making. The committee can, for example, advise on research priorities and provide expert scientific advice to the environment minister or the appropriate state or territory minister on coal seam gas developments or large coalmining development proposals that are likely to have a significant impact on water resources. It can provide advice to the environment minister about bioregional assessments in areas of high potential impact and/or areas of large coalmining development either underway or proposed. It can also provide advice to the environment minister about priority areas in which bioregional assessments should be undertaken or about bioregional assessments commissioned by the minister. In addition, it can provide advice about the priorities for research projects to improve scientific understanding of the impacts of coal seam gas developments and large coalmining developments on water resources. It can also research projects commissioned by the minister in relation to the impacts of coal seam gas developments and large coalmining developments on water resources, and collect, analyse, interpret and disseminate scientific information in relation to the impacts of coal seam gas development and large coalmining development on water resources. Importantly, the committee is accountable and, in general terms, is to make public its advice and findings of all research undertaken.

Section 131AB of the bill provides that the minister must obtain advice from the committee before making a decision to approve the taking of an action, if the action involves coal seam gas development or large coalmining development and the minister believes that taking the action is likely to have a significant impact on water resources and may have an impact on matters of national significance protected under part 3 of the Environment Protection and Biodiversity Conservation Act.

The bill to establish the committee goes some way to strengthening the oversight of coal seam gas mining. For our nation's sake, there must be a rigorous process that builds our scientific knowledge and provides expert advice. However, the bill falls short as to the make-up of the committee. We have to ensure that the committee is not hijacked or dominated by sectional interests.

The coalition proposes an amendment to the bill. The amendment ensures the integrity, relevant expertise and independence of the committee. The proposed amendment encompasses that: 'Each member of the committee, except the chair, is to be appointed on the basis that they possess scientific qualifications that the minister considers relevant to the performance of the committee's functions, including but not limited to ecology, geology, hydrology, hydrogeology, natural resource management and health.'

The committee's fundamental purpose is to advise on scientific issues relating to water associated with coal seam mining and coalmining. It is reasonable to propose that the majority of the committee's members have advanced qualifications and expertise in the key fields of geology, hydrogeology or hydrology.

A strong mining industry generates significant economic benefits for Australia, through investments and through jobs and taxes. It is an important industry for providing energy to homes, businesses and to the nation's industries. Water, farming land, the local environment and communities are significant and equally important. In this particular issue, we need to make sure that decision making is scientifically based. It is only in that way that we can have confidence in matters where so much is at stake.

It is vital to our nation's future that prime agricultural land, clean, unpolluted water and mining all have a place in our economy. We need the benefits and jobs that mining can bring. We need to find a way to ensure that the best scientific knowledge is available to inform the decision-making process until we know all the impacts. There has to be and can be a balance, and this bill provides an approach to important decisions that lie ahead. I commend the bill to the House.

5:15 pm

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | | Hansard source

I move:

That the debate be adjourned and made an order of the day for later this sitting.

Question agreed to.

Debate adjourned.