Mining Amendment Bill 2008

Although the Greens MPs supported the legislation we used the debate to raise many critical issues that the government bill failed to address. I also moved amendments to strengthen the legislation, including a mining buffer zone around rivers and climate change impact statements for mining lease applications. These were all voted  down.
 
Positives in the Mining Amendment Bill were:
- updates environmental provisions of the Mining Act in line with other environmental legislation,
- incorporates the principles of environmentally sustainable development in the Mining Act,
- tightens environmental management of mine rehabilitation by improving regulation of rehabilitation bonds, and providing for regular audits of mine operations,
- gives the Minister capacity to examine the past environmental performance of mining companies;
- puts greater liability on directors of mining companies for offences committed by a mine and for damage caused to off-title lands.
 
So the Greens MPs voted for the Bill but we did so with regret that the seven-year review process did not go further. The review did not encompass all the legislation that regulates mining, including planning and pollution legislation.  The Bill did not address the ongoing environmental destruction mining causes to rivers, farmlands and regional communities and, in particular, the longer-term need to curb expansion of the coal industry as a response to climate change.

The Government's environmental reforms to the Mining Act lack strong actions that compel mining companies to better protect the environment.  Rapid expansion of the coal industry will continue to push ahead.  Under this Bill it will be business as usual for the country's biggest polluters. 

The Government has not strengthened the monitoring, reporting and prosecution of mining pollution despite repeated community calls for more EPA offices.   Public participation in the environmental assessment and planning process has not been improved, and our level of public participation in NSW compared with jurisdictions around the world is bordering on
farcical.

The Greens are critical of government and opposition support for the mining industry. When the Bill was debated in the Lower House the Coalition MPs behaved more like lobbyists for the mining industry. In the Upper House Labor, Liberal and National party MPs disputed many aspects of Lee's speech.  Country Labor MP Christine Robertson asserted that the Greens work in exposing the lack of compliance by coal mining companies was "hysterical imagination":
 
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The Hon. Christine Robertson: Do you know the trouble you caused the communities up there? That is why.
 
Ms LEE RHIANNON: I acknowledge the member's disappointing interjection. After all her work in the area of health services she should know about the difficulties and hardships that are being faced by coal communities because of noise, air and water pollution.
 
The Hon. Christine Robertson: I understand the science of epidemiology instead of hysterical imagination.
 
Ms LEE RHIANNON: That is insulting to many of the local people that Country Labor members should be representing. The member belittled me but I am quoting figures from the EPA's website. Disputing those figures places the member on weaker ground than she was when she first started interjecting.
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Treasurer Michael Costa made his usual empty comments about jobs and technology.
 
Greens amendments

The debate became quite controversial with interjections flying when we came to move amendments.

Greens amendments to give the Minister power to place a one kilometer mining buffer zones around rivers, wetlands and heritage sites to force greedy mining companies to protect them were voted down by Labor and Coalition MPs who joined forces in the NSW Upper House to vote against the Greens amendments.  It was disappointing to see the Iemma government and the opposition voting together to stop Greens changes that would have given some teeth to the government's Mining Act  Amendment Bill.

The Greens mining buffer zone amendment infuriated the Coalition. We pointed out in mining areas where there are marginal seats they will come out against coalmines but when we have the opportunity to vote in parliament on these issues they fail to honour the commitment they have made to local communities. The best argument they came up with was that it was a "poorly worded" amendment. We challenged the Liberal leader to redraft the amendment and then did it for them, to accommodate their complaints but still not surprisingly they voted with the government.

The Greens also moved an amendment to force mining lease applicants to produce climate change impact statements, but it was also voted down by Labor and Coalition
MPs.  The coal industry, the country's biggest single contributor to climate change, has got off very lightly considering the urgent need to reduce greenhouse gas emissions.

So out of this bill we got a few minimalist changes on environmental protection and many reminders of how deeply entrenched Labor and the Coalition parties are with the mining industry.
 
The debate can be read at -
 
First part of Lee's speech in the Legislative Council:
http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20080513009
Second part of speech and Greens amendments debate in committee:
http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/V3Key/LC20080513029