Current safeguards around CSG extraction are inadequate, says Jennifer Elliott — and contamination of drinking and irrigation water has already occurred in NSW and Queensland.
Environmental degradation at an unfinished CSG well near Collinsville (Qld)
WHEN THE Australian Constitution was written by the founding fathers in 1901, the majority of legislative powers were vested in the States.
The powers with regard to mining, mineral and petroleum exploration are under the control of State Governments. The Federal Government has signed and ratified various International Treaties, Covenants and Conventions. None of these protects us against the pollution of our existing safe drinking, domestic and stock water by mining companies.
The State Government’s Protection of the Environment Operations Act 1977 Part 5.3 Section 120 (Prohibition of pollution of waters) makes water pollution an offence. This can be very difficult to enforce, because of the onerous burden of evidence required. How can one prove that water has been polluted by a company, on a specific day, if no water test was undertaken by an authorised body which declared the water pristine on the previous day? In Section 122 (Defence of authority conferred by licence):
‘It is a defence in proceedings against a person, for an offence under this Part, if the person establishes that: (a) the pollution was regulated by an environment protection licence held by the person or another person, and, (b) the conditions to which that licence was subject, relating to the pollution of waters, were not contravened.’
So the fact that a licence has been granted can be used as a defence, even if that licence does not have adequate provisions for safeguards. These appear to be loopholes. We could argue for and against the virtues of this Act until the cows come home, but the fact remains they won’t if their drinking water becomes polluted.
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Independent Australian
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