Penalties of just $5000 could be issued to coal seam gas companies who explore or mine without permission instead of a potential $1.1 million fine under changes introduced by the Baird government.
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As energy minister Anthony Roberts unveiled plans to clamp down on anti-coal seam gas protesters, the government has ushered in smaller alternative penalties to court prosecution for a range of offences.
For example, mining without authority - currently a $1.1 million fine plus $110,000 per day for a company if successfully prosecuted in court - can now be punished with a $5000 penalty notice.
Prospecting without authority - currently a $550,000 fine and $55,000 per day under a prosecution - may now be dealt with via a $5000 penalty notice.
Failure to provide information and records to an inspector - currently a $1.1 million fine and $110,000 a day under a prosecution - is now punishable with a $5000 penalty notice.
Greens MLC Jeremy Buckingham will on Tuesday give notice of a motion that the Legislative Council disallows the regulation containing the changes.
Mr Buckingham said the gulf between the prosecution fine and the penalty notice was "so massive" it introduced a corruption risk for bureaucrats.
"This is the action of a government determined to make life easy for their mates in the mining industry, while they introduce draconian penalties for those protesting to protect farms or the environment," he said.
However, Mr Roberts said the changes were designed to align the enforcement regimes in the Mining Act with the Petroleum (Onshore) Act, which covers CSG operations.
They do not remove the option of a full prosecution but allow the regulator "to choose the most appropriate action based on what has taken place ... "
On Monday, Mr Roberts unveiled proposed laws giving police additional powers "to deal with people who intend to 'lock-on' to equipment", and authority to move people on in all protest activities.
Sue Higginson, principal solicitor with Environmental Defenders Office NSW, said they are an over-reach and the current laws have been applied successfully for many years.
"The proposed increase to police powers appears to be unnecessary and in part a substantial intrusion on civil liberties," Ms Higginson said.
The timing of the new laws was "like waving a red rag to a bull," she said.
"The legality of the CSG activities of Santos in the Pilliga is currently being questioned in the NSW Courts, along with the actions of the Department of Industry," Ms Higginson said, noting the Land and Environment Court will begin hearings on a legal challenge against Santos on April 6.
Mr Roberts's office said the laws aim to balance the right to peaceful protest with the need to ensure public safety, worker safety and lawful business activity.
"These proposed changes do not extend the police powers with respect to accessing private land," a spokesman for Mr Roberts said. "Police already have the power to access private land in certain circumstances such as to respond to an emergency or execute a warrant."
If a farmer allows protesters to be on their land there is no issue, the spokesman said.
Aidan Ricketts, a law lecturer at Southern Cross University and trainer of activists, said the new laws were "clearly intended to shore up Santos and the gas industry", using methods applied in WA and Tasmania to limit protests.
"They want to make it the right of businesses to never be inconvenienced by protests," Mr Ricketts said. "It will give police the powers to arbitrarily disperse gatherings."
