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New England Greens Armidale Tamworth Submission to Epbc

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New England Greens Armidale Tamworth Submission to Epbc NEW ENGLAND GREENS ARMIDALE TAMWORTH SUBMISSION TO EPBC New England Greens Armidale Tamworth (NEGAT) is a group of the Greens in NSW in northern New South Wales. Our experiences have led us to the conclusion that there is a need for a new Commonwealth Environment Act; one which has, as the primary object of the Act, the protection, conservation and rehabilitation of the environment. This new Act should show an awareness of our international obligations to combat climate change and a commitment to intergenerational equity and the precautionary principle. This new Act should enshrine robust, transparent processes and establish new and trustworthy institutions to propose, monitor and ensure compliance and be subject to on-going review. NEGAT’s response will be based on a consideration of: A submission to the Armidale Dumaresq Shire Council concerning the establishment of an underground mine in proximity to the New England National Park (Attachment 1)- Clarks Gully Mine A submission to the NSW Government concerning the Narrabri Gas Project (Attachment 2) A submission opposing Maules Creek Modification 4: Sound Levels (Attachment 3) A submission opposing Maules Creek Modification 5: Olivedene Water Pipeline Modification (Attachment 4) A submission opposing Maules Creek Modification 6: Roma and Brighton Water Pipeline Modification (Attachment 5) A submission to the NSW Upper House Inquiry into Koala Populations (Attachment 6) together with our experiences in the catastrophic bushfires of the past season; extensive land- clearing and logging in our area. Seven Case studies are presented: 1. Clarks Gully Mine 2. The Narrabri Coal Seam Gas Project, Pilliga Forest and adjacent prime agricultural lands 3. The Leard State Forest 4. Koalas 5. Bushfires 6. Logging 7. Land-clearing (Armidale airport precinct) An outline of each Case will be presented; answers to the relevant specific questions posed by the Review Panel and suggestions as to ways forward will be canvased. Specific questions 1, 2 , 5, 7, 15, 16, 19, 20, 21, 22 will be addressed at the end of the submission In the conclusion NEGAT will respond to the General Questions: • Is the EPBC Act delivering what was intended in an efficient and effective manner? • Is the EPBC Act sufficient to address future challenges? Why? 1 | P a g e NEW ENGLAND GREENS ARMIDALE TAMWORTH SUBMISSION TO EPBC Case Study 1: Clarks Gully Mine (see Attachment 1) In 2017 a proposal to establish an underground mine in proximity to the headwaters of the Macleay River and the New England National Park came to the attention of NEGAT that. NEGAT believed that the proposal constituted a significant risk to human health, ecological communities and water resources. Our submission specifically addressed issues of water management; tailings treatment; Office of Heritage and Environment Endangered Species; the cumulative effect of an increased mining footprint on the area; inadequate fauna survey methods; dust and air pollution ; lack of discussion with downstream stake holders; lack of planning for decommissioning and rehabilitation and inadequate consideration of Aboriginal cultural heritage issues. Our submission found that the Environmental Impact Statements were inadequate, even misleading, and that basic environmental issues were not addressed and concluded that ‘Armidale and Dumaresq Council is not in a position to approve the mine until the project has been referred to a number of Commonwealth and State instrumentalities’. NEGAT’s conclusions drawn from Case Study 1: The underground mine did not go ahead after a storm of community opposition. This project should never have reached this stage of development; however, inadequate Council oversight and the ‘jobs and growth’ mantra meant that it was only through the vigilance, time, determination and expertise of the local community that the possibility of irreversible environmental degradation was avoided. Specific Question 15: projects deemed ‘low-risk’ must not receive automatic approval or be exempt in some way. Clarks Gully Mine was presented to the Council in a manner which minimised, even dismissed, the risks which were apparent to well-informed members of the community. Of course all data from environmental impact assessments should be made publicly available. Moreover, these EISs must be researched independently of the developing body; it is simply unacceptable that it became the responsibility of members of the community to ‘redo’ the EIS research prepared for Hillgrove Mines Pty Ltd. Photo from Armidale Express’ , 1 March 2017, ‘Armidale Regional Council administrator Ian Tiley gives conditional approval for Hillgrove Mines extension at Clarks Gully,’ by Matt Bedford. 2 | P a g e NEW ENGLAND GREENS ARMIDALE TAMWORTH SUBMISSION TO EPBC Case Study 2 The Narrabri Coal Seam Gas Project, Pilliga Forest and adjacent prime agricultural lands NEGAT has been involved in the campaigns to save these forests and plains from coal and coal seam gas mining with Members of Federal Parliament including Senators Bob Brown, Christine Milne and Lee Rhiannon; through advocacy and involvement in the political process (see Attachment 2 submission to Narrabri Gas Project; Attachment 3 Maules Creek Modification 4 (Sound Power Levels); Attachments 4&5 Maules Creek Coal Mine Modifications 5 and 6- water pipeline modifications and Attachment 6 submission to the NSW Upper House enquiry into Koala populations and habitat in NSW Part a: The Narrabri Coal Seam Gas Project In brief, the Santos Narrabri Gas Project covers an area from Goondiwindi in Queensland, to around Scone and west to Coonamble and Walgett in NSW. It encompasses seven river basins and areas of forest and prime agricultural land. In the face of overwhelming community opposition, based in part on the failure of the New South Wales Government to implement the Chief Scientist’s Recommendations regarding CSG, the Project appears to have the imprimatur of the State Government; the State Planning Minister insisting that the Project proceed to the Hearing stage as soon as possible. This is a preposterous proposition in the current circumstances in a region recovering from droughts, bushfires and in the context of social distancing. The known environmental problems posed by the Narrabri CSG Project include: • ‘Produced’ water and spills, disposal of water • Contamination of aquifers (including Great Artesian Basin) – admission to contaminating one aquifer see Sean Nicholls ‘Santos coal seam gas project contaminates aquifer, SMH March 8, 2014 https://www.smh.com.au/environment/santos-coal-seam-gas-project-contaminates- aquifer-20140307-34csb.html • Sulphur-reducing bacteria ‘domestic water wells and aquifers contaminated with SRB and co-produced bacteria are unusable for the foreseeable future’, https://www.northerndailyleader.com.au/story/1139619/turning-blind-eyes-on-coal-seam- gas-negative-points/ • Soil contamination • Air pollution • Fugitive emissions and human health impacts • Negative impacts on biodiversity, including on endangered and vulnerable species: The Pilliga, the largest temperate woodland west of the Great Dividing Range, covering more than 500,000 ha, links the volcanic systems of the Warrumbungles and Kaputar and is one of the most biodiverse areas in Australia…(it) contains about 30 distinct ecosystems…(it is) an important biological refuge …(and) is home to over 1,000 native plants and 300 native animals, including approximately 35 threatened fauna and 15 threatened flora species .’ Dr David Paull in ‘The Plundering of Pilliga and Leard Forests and the Surrounding Farmlands’, Pat Schultz p.30 Among the threatened species are koala, black-striped wallaby and pilliga mouse. • Threats to Stygofauna- https://www.australiangeographic.com.au/news/2013/08/bizarre- new-species-stops-pilliga-mining/ Peter Serov 3 | P a g e NEW ENGLAND GREENS ARMIDALE TAMWORTH SUBMISSION TO EPBC Vegetation killed by a produced water spill. Photo: Pat Schultz Although the company claims ‘rehabilitation’ is possible, the vegetation species planted by the mining company in these spill areas (of which there are 24) is not that found before the spill but species which have a higher salt tolerance. Part b: Shenhua Watermark Project- EL 7223 In brief, the Chinese-owned Shenhua bought 43 farming properties for $213 million. On January 28 , 2015 the NSW Planning and Assessment Commission approved the mine. The Federal Environment Minister, Greg Hunt, approved the mine on July 4, 2015. The mine area is 789 hectares of endangered box gum woodland and 148 hectares of other bushland, prime habitat for about 262 species. The predicted groundwater draw-down is likely to lower the water table below the reach of the tree roots which will further degrade the health of remaining forests and offsets, and the viability of the koala population. Shenhua blithely assures the community that koalas will be ‘translocated’ -a procedure which is known to have limited success. The Federal Environment Minister, Greg Hunt could have refused the mine based on existing the EPBC Act which was amended in June 2013 to include water resources as a matter of national environmental significance. 4 | P a g e NEW ENGLAND GREENS ARMIDALE TAMWORTH SUBMISSION TO EPBC Case Study 3: Leard Forest From this: Leard Forest is the single largest remnant of native vegetation in the heavily-cleared northern Liverpool Plains. The forest is an 8,000ha biodiversity hotspot identified as a Tier 1 Biodiversity Area i.e. an area that ‘cannot sustain any further loss’ and which is ‘critical
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