Coalmining and agriculture - co-existence or conflict?

In Queensland, the protection of cropping land is expressed through a 1992 State Planning Policy under the Sustainable Planning Act 2009. However, mining development is exempt from regulation under this Act.

There are other legal rights for the community to consider as a potential source of knowledge power. The Environmental Protection Act 1994 (Qld) (“the EP Act”) requires all new mining projects to apply for an “environmental authority” to obtain approval before being undertaken.

Examples of environmental authorities for “mining activities” that may be authorised include an “exploration permit”, a “mineral development licence” or a “mining lease”. A single application is required for “mining activities proposed to be carried out as a mining project”.

The EP Act imposes a legal obligation on the government agency decision-maker, when considering an application for an environmental authority, to ensure that the decision “best achieves the object of this Act”. The object of the EP Act is “to protect Queensland’s environment,” while “allowing for development” in a way that maintains “ecologically sustainable development (‘ESD’)”.

The significance of sustainable development for the coal seam gas proposal is acknowledged in a recent statement made by Stephen Robertson MP: “Development cannot come at any cost. The development of that [coal seam gas development] industry … must be environmentally sustainable (The Courier-Mail, May 9, 2010).”

If an environmental authority is sought under the EP Act, the seven "Guiding Principles" for ESD which provide the legal meaning for ESD in this Act must be considered in the decision-making process, to ensure the object of the EP Act is achieved. The ESD principles include:

1. Decision-making to effectively integrate both long and short-term economic, environmental, social and equity considerations.
2. Using a precautionary approach to deal with risk and scientific uncertainty.
3. Developing a strong, growing and diversified economy that enhances environmental protection.
4. Maintaining and enhancing international competitiveness in an environmentally sound manner.
5. Decisions and actions to provide broad community involvement on issues that affect them.

In relation to the last of these “ESD Guiding Principles”, the challenge for government is to implement a public participation process that will lead to finding a solution for mining and farming to co-exist in the region, in both the short and long-term. The solution should ensure that the environment is protected and that mining and farming can proceed now, and in the future, sustainably. Trust in the process is absolutely vital.

Should a successful outcome emerge from an effective participation process, litigation costs would be avoided, legal standards of environmental protection would be complied with (voluntarily), and public trust and confidence in government would be enhanced.