NSW Enacts Law Shielding Coastal Waters from Drilling, Mining

NSW Gov

In a major step to protect NSW waters from environmental damage, the NSW Government has given notice to introduce legislation that will prohibit seabed petroleum and mineral exploration and recovery in NSW coastal waters.

In a major step to protect NSW waters from environmental damage, the NSW Government has given notice to introduce legislation that will prohibit seabed petroleum and mineral exploration and recovery in NSW coastal waters.

The Bill will legislatively implement the Offshore Exploration and Mining Policy that was published in February 2022.

The legislation aims to give our communities certainty and reaffirms the NSW Government's long held position of not supporting offshore mineral, coal or petroleum exploration or mining for commercial purposes in or adjacent to NSW coastal waters.

The NSW Government's Bill is designed to prevent the severe environmental impacts that can result from offshore exploration and recovery of petroleum and minerals.

Offshore recovery also carries the risk of major environmental disasters like oil spills and potential climate change impacts, such as greenhouse gas emissions associated with petroleum extraction.

No other States or Territories have acted so comprehensively to prohibit all offshore petroleum mining and exploration in state waters. Only the Northern Territory, in 2021, has prohibited sea bed mineral mining across that jurisdiction.

The Bill will amend the Environmental Planning and Assessment Act 1979 to prohibit:

  1. sea bed petroleum and mineral exploration and recovery in NSW coastal waters
  2. other development within the State for the purposes of sea bed petroleum and mineral exploration and recovery anywhere.

The prohibitions of the Bill do not extend to activities which may benefit the environment such as the recovery of sand for beach nourishment or beach scraping which are undertaken to help protect coastal areas from erosion.

Certain dredging activities could also continue, for example, to increase the depth of anchorages, remove sediments or pollutants, lay pipelines or submarine cables.

Minister for Climate Change and the Environment Penny Sharpe said:

"We know an overwhelming majority of people in NSW do not support offshore mining. The passage of this Bill will give certainty that our government is prioritising environmental protection and our own local interests.

"This Bill is a sensible amendment to our legislation to protect NSW against the risks of offshore mining."

Minister for the Central Coast, David Harris said:

"This is about providing communities with certainty that is in the best interest of NSW as well as protecting the NSW coastal waters and marine environments.

'This is something our communities have long campaigned for and it is great to see it come to fruition."

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