New South Wales Protected From Overseas Regulations On Mining Approvals

New South Wales Protected From Overseas Regulations On Mining Approvals

New South Wales Deputy Premier John Barilaro

New South Wales Government Provides Certainty For Mining Investment

Victor P Taffa

Deputy Premier and Minister for Resources John Barilaro has today announced the New South Wales Government will introduce a package of measures to prevent the regulation of overseas, or scope-three, greenhouse gas emissions in local mining approvals.

Deputy Premier Barilaro said the proposed legislation will clarify the concerns around the export of coal after a recent decision by the Independent Planning Commission to impose a scope-three emissions condition on its approval of the United Wambo coal project.

“Government has a very clear policy when it comes to the consideration of scope-three emissions and this will now be enshrined in legislation and through changes to the Mining SEPP.” Deputy Premier Barilaro said.

Scope-three greenhouse gas emissions occur as a consequence of development or activity in countries outside Australia.

Deputy Premier Barilaro said the mining sector is a major employer in regional New South Wales, driving investment opportunities and job creation and the Government’s changes deliver certainty for mining companies and investors across the State.

“These changes will help restore New South Wales law and policy to the situation that existed prior to the Rocky Hill decision and will provide the mining sector with greater certainty.” Deputy Premier Barilaro said.

New South Wales Government has no way to enforce conditions relating to development outside Australia and has moved quickly to resolve the issue.

Changes include:

  • Amending the Environmental Planning & Assessment Act 1979 to prohibit approval conditions relating to downstream emissions;
  • Removing the specific consideration of downstream emissions in the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007;
  • Developing New South Wales Government policy and guidelines on greenhouse gas emissions;
  • Continuing the existing review of the IPC and its functions.

Legislation will be introduced to Parliament this week.

Abbreviations:

SEPP               State Environmental Planning Policy

IPC                  Independent Planning Commission