Thursday, June 20, 2013

"Water Trigger" Amendment to the EPBC Act of 1999

This is tough new law around mining passed today.   This is absolutely fraught with holes but not many see this yet either!  I will reserve my judgement totally because I am not trusting of their so called "INDEPENDENT STUDIES".  If they could put my mind at ease regarding this then we may have a different out look around this.

EPBC - Environmental Protection and Bio Diversity Act 1999 
for more on this click here

SAM 7810 - Promised Land
The clear waters of the Never Never Creek outside of Bellingen NSW

I was reading  Alan Jones comments about this  and he said per this transcription the following:

Coal seam gas:   Well, debate in the Senate on Environment Minister Tony Burke’s so-called “water trigger” legislation continued yesterday without a vote. 

This is the legislation which will allow the Minister to take into account the effects on groundwater when considering whether to grant approval to coal seam gas mining projects. 

The Greens were proposing  four [4] amendments to:give landholders a right to say no to mining on their land, apply the water trigger to four [4] coal seam gas projects which have already been approved, broaden the water trigger to include shale and other gas mining as well as coal seam gas mining, and ensure all matters of significance are considered by the Minister before granting mining approvals. 

But Federal Cabinet decided last night to direct Labor Senators to vote against these amendments.  However, one Lower House amendment which is already part of the Bill, will outlaw bilateral agreements with the States under which the Commonwealth could refer its water trigger approval powers to the States.

This amendment is an attempt to prevent any incoming Coalition Government from delegating responsibility for these decisions to the States as the Coalition has suggested it wants to do. 

It would have been preferable had the water trigger legislation included the Greens’ amendments.  But, even without them, this Bill is better than nothing.  Debate in the Senate will resume today.  Let’s hope a vote is taken and it is also passed today.
ALAN JONES DAILY COMMENTS POD CAST

Well the vote was taken and the result was this:  An amendment moved by Coalition Senator Simon Birmingham, that would have effectively knocked out Mr Windsor's amendment, was defeated 34-28 on Monday night.
Senate to Vote on "Water Trigger" amendment Act 
ABC
by Catherine Clifford

An amendment to federal environment laws, aimed at protecting water systems impacted by mining and gas projects, was introduced into the Senate on Monday.
Known as the "water trigger", the bill prevents the Commonwealth devolving powers back to the States to rubber stamp projects with inadequate scientific or environmental analysis.
New England MP, Tony Windsor, says the amendment has been a long time coming and he hopes it gets through.
"This is the culmination, hopefully, of seven years work to try and get some independent scientific scrutiny at the Commonwealth level over coal seam gas and large coal mines as they potentially impact ground water systems," he said.
"It's the Commonwealth saying to the States, 'We haven't trusted you with this in the past and we're not going to give it back to you to do the scientific work because most has been very flimsy, indeed.'"
If passed, it will force the Commonwealth to scrutinise the efficacy of each mining or gas project using its Independent Scientific Committee.
Tony Windsor says it will stop the States from rubber-stamping major developments that simply don't measure up.
"This really gives those powers to the Commonwealth under their environmental legislation and allows an independent scientific process to deliver advice back to the Commonwealth to start with," he said.
"The bill is not anti-mining and not pro-mining, but it is pro-process and pro-science and the science will show the way and, if it's quite safe for some of these projects to go ahead, so be it."
Inverell-based Nationals Senator, John Williams, says the Nationals don't have problems with the current amendment.
But he says there are some areas of concern.
"Under the Constitution, the States control the land and Mr Windsor's amendment removes all referral powers back to the States to leave the powers in the hands of the federal government," he said.
"My concern is, as the Greens' push their agenda further forward, they'll then include Agriculture."
Senator Williams says he's not worried about the present amendment, but what might happen down the track.
"We'll get a severe drought, a farmer may wish to drill a bore to get livestock water and then have to go through years of red tape and tick-offs before they can actually sink a bore to get stock water, that's my concern about how far the Greens' may go to make the EPBC Act more powerful."

Images @ Eminpee Fotography
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