Coal, CSG exploration reforms roll on

The Department of Resources and Energy wants applications for an independent chairperson for the board of advisers for NSW’s strategic land release rules for mining and gas exploration.

The Advisory Body will include the Departments of Premier and Cabinet, Treasury, Resources and Energy as well as Planning and Environment.

Strategic release land release is a departure from former planning regulations, which considered all country open for development and then assessed each project proposal individually.

Now, exploration will be permitted in specific areas, after government with its advisory board have assessed environmental, social and economic factors, as well as community consultation.

A raft of coal seam gas exploration licence buybacks paved the way for the government to clear the slate and hit the reset button on land release. Previously, nearly half of NSW was covered by coal seam gas (CSG) exploration licences.

The strategic release initiative is one part of a broader mining reform agenda implemented by Resources Minister Anthony Roberts, which followed the recommendations of the Independent Commission Against Corruption on coal exploration and the Chief Scientist’s CSG report.

Mr Roberts’ reform agenda also included reformation of land access laws, which regulate miners’ access to private land.

Included in the new laws was compulsory arbitration, that mediates between landholders and miners when access terms cannot be agreed – including financial compensation.

Farmers won significant new rights and protections, but concerns remain over the cost burden placed on individual landholders who must mount a case against cashed-up coal and gas players – as well as protections for on farm improvements.

Landholders’ costs must now be paid by the explorer – previously the only legal covered were for initial professional advice.

But the costs are capped at a “reasonable” level, which has prompted questions about precisely what the government would consider a “reasonable” expense for an individual who wants to keep the drilling rig at bay.

The advisory body will provide a whole-of-government approach and will comprise senior executives from the NSW Department of Premier and Cabinet, Treasury, the Division of Resources and Energy and the Department of Planning and Environment.