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What is the definition of a water resource? General guidance Legislative definitions and guidance Q. In general, this would indicate that proposed CSG or coal mining in an area of high water use would be more likely to involve a significant impact on a water resource. The definitions of coal seam gas development and large coal mining development in the EPBC Act require the significance of the impacts of an action to be considered with other developments, whether past, present or reasonably foreseeable. How are cumulative impacts accounted for? The amendments to the EPBC Act build on the objectives of the National Partnership Agreement on Coal Seam Gas and Large Coal Mining (NPA). The water trigger does not apply to shale gas. Does the water trigger apply to shale gas development? These heads of power are the power to regulate constitutional corporations and to regulate trade and commerce. The water trigger legislation relied on two main heads of power under the Constitution.
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Does the Australian Government have constitutional power to include this trigger under federal legislation? However, the Minister did not previously have the power to consider and impose conditions directly relating to impacts on a water resource itself.Īs a result of the water trigger, the Minister can set appropriate conditions as part of the project approval to ensure that any significant impacts on a water resource are acceptable. The Minister has taken this advice into consideration when making a final decision. Since 2012 these projects have been referred to the Independent Expert Scientific Committee for advice on the impacts on water resources. nationally threatened plants and animals, already have to be referred under the EPBC Act. How does this change the assessment process for coal seam and large coal developments?Īny coal seam gas and large coal developments that have a significant impact on any of the other matters of national environmental significance, e.g. The amendment therefore commenced on 22 June 2013. The Environment Protection and Biodiversity Conservation Amendment Act 2013 was passed by Federal Parliament on 19 June 2013, and received Royal Assent on 21 June 2013. This means that coal seam gas and large coal mining developments require federal assessment and approval if they are likely to have a significant impact on a water resource.