By Martin Klapper, Partner and Andre Dauwalder,
The Queensland Government today passed legislation to achieve a
different balance between ensuring the continued growth of the coal
seam gas (CSG) industry and the protection of
The South-East Queensland Water (Distribution and Retail
Restructuring) and Other Legislation Amendment Bill 2010
amends current legislation, including the Environmental
Protection Act 1994 and the Water Act 2000, with the
aim of creating a more sustainable CSG industry and increasing
certainty for both CSG proponents and landowners.
The key impacts on CSG companies will be as follows:
When applying for a level 1 environmental authority, the
Environmental Management Plan (EMP) must also consider the impact
on underground water supplies. The EMP is now required to include
the quantity of CSG water that the applicant expects will be
the expected flow rate of the CSG water;
the quality of the CSG water, including changes in water
the proposed management of the water (including the use,
treatment, storage or disposal); and
the measurable criteria against which the applicant will
monitor and assess the effectiveness of the management of the CSG
The use of evaporation dams are now prohibited, except where
includes an evaluation of best practice environmental
management for managing the CSG water and alternative ways for
managing the water; and
shows there is no feasible alternative to a CSG evaporation dam
for managing the water.
The annual return provided to the Environmental Protection
Agency must now include an evaluation of the effectiveness of
management of CSG water.
Existing CSG authorities
For current CSG tenements, the amendments have the following
The prohibition on evaporation ponds will not apply where
construction of the dam has substantially commenced prior to the
The holder of an existing CSG authority must, within 1 year
after the commencement day, give the administering authority a
revised EMP that takes into account the factors listed above.
These are significant changes for the CSG industry. If you have
any queries regarding the above, please do not hesitate to contact
HopgoodGanim's Resources and Energy team.
The article examines the regulation of the oil and gas industry and breaks down the regulatory process state by state.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).