Water theft should not be retrospectively legalised

MEDIA RELEASE – 3 August 2017

NSW Greens water spokesman Jeremy Buckingham slammed the Berejiklian government for moving to retrospectively legalising flood works that have been illegally built between 1994 and 2017.

Struggling Water Minister Niall Blair gazetted the Floodplain Management Plan for the Barwon-Darling Valley Floodplain 2017 on the 29 June 2017.  This plan contains a new Section 39 which gives the minister the power to approve flood works that have been built illegally even if they do not comply with the normal requirements (details below).

“Many of these areas are so flat that even a 10-20cm bank can divert a huge amount of water into an irrigation dam and away from natural waterways.  It’s a massive gift of water to the big irrigators. If we want to recover the water in the future then taxpayer will have to hand over huge amounts of compensation for what were illegal constructions,” said Greens MP Jeremy Buckingham.
“It’s complete shonky that National Party water minister would seek to retrospectively legalise these illegal works and water thefts.  This is disgraceful example of the National Party giving away free water to their big irrigator mates.
“Our rivers are running dry and downstream communities are facing ruin because of the mismanagement by the National Party.

“Premier Berejiklian should strip the water portfolio off the National Party, put compliance with the Water Management Act under the supervision of the environment minister, and facilitate a special commission of inquiry into this widening water theft scandal.

“These illegal channels and dams divert a vast volume of flood water away from natural waterways and into irrigation storages, making a few greedy irrigators rich at the expense of Australian rivers.”

Former Water Minister Kevin Humphries pushed through some major changes to the Water Management Act in 2014, which allowed them to create these flood plain harvesting licences. It essentially means any illegal flood harvesting works built since 1994 can be made legal retrospectively.  This has now been enacted by current Water Minister Niall Blair.

http://www.legislation.nsw.gov.au/regulations/2017-328.pdf

 

Section 39 of the recently gazetted Floodplain Management Plan for the Barwon-Darling Valley Floodplain 2017 allows illegal floodplain works which were made before the creation of the plan to be made legal by the Minister even if they don’t meet the environmental requirements under Section 38.  It also allows them to be amended without complying with the requirements of Section 38:

 

“A flood work approval in Barwon-Darling Management Zone A may be granted for a flood work that does not comply with the requirements of clause 38, provided the flood work meets all of the following criteria:

(a) the flood work was constructed as at the date of commencement of this Plan,

(b) the flood work is, in the Minister’s opinion, for:

(i) an access road, or

(ii) a supply channel, or

(iii) a stock refuge, or

(iv) an infrastructure protection work,

(c) as at the date of application, the flood work is not the subject of:

(i) an undetermined controlled work application under Part 8 of the Water Act 1912, or

(ii) a previously refused Part 8 application of the Water Act 1912, or

(iii) an undetermined flood work application under the Act, or

(iv) a previously refused flood work application under the Act.

(2) An amendment of a flood work approval in Barwon-Darling Management Zone A may be granted for a flood work that does not comply with the requirements of clause 38, provided the flood work meets all of the following criteria:

(a) the flood work was constructed as at the date of commencement of this Plan,

(b) the proposed modification to the flood work will, in the Minister’s opinion, reduce the impact of the work on flow patterns (distribution of flows, drainage, depth or velocity) in Barwon-Darling Management Zone A.

(3) An application under this clause must be assessed against the assessment criteria outlined in clause 40 of this Plan.

Greens accuse Santos of CSG production by stealth

MEDIA RELEASE – 25 July 2017

NSW Greens energy and resources spokesman Jeremy Buckingham accused the NSW Government of allowing coal seam gas production by stealth at the Narrabri gas project after it approved an extension of the Wilga Park gas-fired power station CSG utilisation project on 14 July 2017.

The Department of Planning has approved Santos supplying coal seam gas to power the 12 megawatt generator from their existing gas wells in the Pilliga Forest for an addition three years, despite the Department putting a specific three year sunset clause on the original approve in 2014 as a “reasonable period” for genuine assessment purposes.

“This is coal seam gas production by stealth.  Santos have already had three years to assess the flow of gas, so this extension is unnecessary and is about Santos generating income from gas production,” said Greens MP Jeremy Buckingham.

“When this was approved in 2014, the Department inserted a specific condition that limited the assessment period to three years and noted that this was a reasonable period to conclude assessment.

“Given Santos has already submitted an extremely detailed Environmental Assessment for their 850 coal seam gas well Narrabri Project, this additional assessment period is not necessary and is clearly production of CSG by stealth.

“The Greens oppose coal seam gas as unnecessary, unwanted and unsafe.  We do not need a new fossil fuel in an age of climate change and competitive renewable energy technologies.

“Energy and Resources Minister Don Harwin should clarify whether Santos is genuinely using the Wilga Park power station for assessment, or whether this is in fact production?”

Greens warn of climate migration as Moree set to break record with 51 days above 35°C

MEDIA RELEASE- 15 February 2017

The Greens NSW climate change spokesperson Jeremy Buckingham today said the shocking news that Moree was set to break the Australian record for the most number of days in a row above 35°C should be a wakeup call to the old parties and that, without drastic action, inland regional communities will be hollowed out by climate migration to the coast.

“Climate change is here, climate change is deadly and regional communities are on the front lines,” Greens MP Jeremy Buckingham said.

“The record breaking run of days above 35 degrees in Moree should act as a wakeup call to the old parties that we are facing a climate emergency and that extended periods of extreme heat are becoming the new reality for many inland towns.

“Without drastic action to help regional areas adapt we can expect to see significant migration away from inland towns towards the coast, leaving hollowed out communities behind.

“The Greens are calling on the NSW Government to invest in the establishment of a climate resilience fund with money set aside to help regional communities and farmers adapt to a changing climate.

“We also need urgent action to curb our greenhouse gas emissions by ending coal mining and transitioning rapidly to 100% renewable energy,” Mr Buckingham said.

Contact: Jack Gough – 9230 2202 or 0427 713 101

Santos reignite coal seam gas war lodging plans for Narrabri project

MEDIA RELEASE – 1 February 2017

The Greens NSW Resources and Energy spokesperson Jeremy Buckingham said today that Santos’ lodgement of plans for their Narrabri project would reignite the war over coal seam gas in NSW and called on the called on the new NSW Premier, Gladys Berejiklian, to clarify whether she will support the development of a toxic coal seam gas industry in NSW.

Santos announced today that they have lodged their Environmental Impact Statement for their proposed Narrabri coal seam gas project with NSW Planning as well as a deal with the APA Group to build a new pipeline to connect the project to APA’s existing pipeline between Moomba and Sydney.

“The news that Santos has lodged their EIS will reignite a massive battle in NSW over coal seam gas which the farmers and community will win,” Greens MP Jeremy Buckingham said.

“Santos has recently made it clear they have little interest in developing the project and have instead spun it off into a separate entity, ready for sale.  The government should not allow Santos to jerk people around, waste their time and create uncertainty just to fatten up the project for the stock market.

“This is a huge test for Premier Berejiklian who should clarify whether she will support the development of a toxic coal seam gas industry in NSW, when it is clear it has no social licence.

“The community has clearly rejected this unnecessary and unwanted industry because it will lead to the industrialisation of the landscape and the pollution of groundwater resources.

“The NSW Government were punished for supporting this industry at the last state election and can expect similar electoral pain if they do not change course.

“Santos and the APA Group can expect to be met with persistent non-violent civil disobedience and direct action should these projects be approved.

“The last pipeline route met with significant resistance from farmers and APA should respect landholders who do not want them on their property.

“The Greens will stand up for farmers and the community every step of the way both on the front lines and in parliament.

“The real drivers and opportunities in our economy are agriculture, tourism and renewable energy, not a new destructive fossil fuel industry,” Mr Buckingham concluded.

Santos spin off of Narrabri CSG project should prompt cancellation

MEDIA RELEASE – 8 December 2016

Santos’ announcement today that they would concentrate on core conventional gas assets  and that the Narrabri coal seam gas project would be “packed and run separately for value as a standalone business” shows that the controversial project has no future and that the government should step in and cancel the licence to provide certainty to the community and protect the land and water.

NSW Greens energy and resources spokesperson Jeremy Buckingham said:

“It’s clear that Santos has little interest in developing the Narrabri coal seam gas project and are likely to try to sell it off.  It’s time for the government to end the uncertainty and put this project out of its misery by cancelling the licence.

“It’s now been almost three years since the Narrabri project was given “Strategic Energy Project” status to fast track it through the planning system.  There is still no Environmental Impact Statement lodged and now the company has said they intend to spin it off and concentrate on other conventional assets.

“We’ve seen farmers and others protest and be arrested trying to protect the land and water, and particularly the Great Artesian Basin.  How long must the community remain vigilant and suffer uncertainty?

“The world is quickly moving to renewable energy.  Developing new fossil fuels, particularly when they pose risks through fracking and the extraction of vast amounts of saline water, is negligent behaviour.

“Victoria has banned fracking and the South Australian Liberal Party has called for a ten year moratorium on fracking.  The NSW Government should show leadership on renewable energy and climate change by banning unconventional gas and boosting renewable energy investment.”

Abolishing Western Lands Commissioner putting Western NSW at risk

MEDIA RELEASE – 10 November 2016

The passage of the Crown Land Management Bill at 3:30am Wednesday morning will allow the NSW Government to sell off our crown lands and gut environmental protections for the western half of NSW.  The Bill abolishes the Western Lands Commissioner, removes some environmental protections and allows the conversion of leasehold land to freehold.

NSW Greens Western NSW spokesperson Jeremy Buckingham said:

“The Greens are concerned this will lead to overgrazing of these fragile lands and the spread of weeds and pest animals if a dedicated Western Lands Commissioner is abolished.

“Without an independent Commissioner with appropriate powers to manage the environment as a whole, the Greens have no faith that this fragile environment will be protected from poor farming practices.  While most farmers do the right thing, it only takes a few poor land managers to have serious impacts because of the nature of the region with limited water and poor soil quality.

“Placing the Minister in charge of Western Lands instead of a dedicated and independent Commissioner means 42% of the state may face neglect and means decisions will be more open to lobbying from vested interests.

“Allowing leases to be converted to freehold will lead to the fragmentation of the Western Division, making management of this vast area more difficult and creating a funding death spiral by driving down the rent base available to resource environmental management.

“The removal of the ability to direct leaseholders to ‘preserve trees, scrub and vegetative cover on the land’ is very concerning and could lead to substantial loss of vegetation.

“This is the government essentially abdicating responsibility for managing 42% of the state.  Parts will be sold off to freehold, and the rest will suffer fragmentation and a lack of dedicated resources to manage the environment.

“The Greens moved amendments to retain the independent office of the Western Lands Commissioner, retain environmental safeguards and to prevent any increased sale of Western Lands leases. “

Two years on, Wilcannia still waiting for weir report

MEDIA RELEASE – 12 October 2016

Almost two years after it commissioned a feasibility study into building a new weir for Wilcannia, the government still has not released a report. NSW Greens water spokesperson Jeremy Buckingham said today that once again the people of Wilcannia are put last by the government.

“This is turning into a farce. They’ve spent two years on a report and won’t even release it.  They could have built a new downstream weir in that time to help revive the town of Wilcannia,” said Greens MP Jeremy Buckingham.

“The Greens are concerned that the bean counters will find a reason to dud the people of Wilcannia yet again on a cost/benefit analysis.

“Around 80% of Wilcannia residents are of Aboriginal decent.  It has one of the lowest life expectancy and highest social disadvantage in Australia.  To deny the people of Wilcannia basic infrastructure and some secure water in the river as it flows through town would be a shameful decision.

“This government is prepared to spend half a billion on a pipeline from Wentworth to Broken Hill, which it admits is primarily about benefiting wealth northern irrigators, yet it won’t build a new weir for Wilcannia.”
Photos of Jeremy Buckingham at William Bates at Wilcannia weir available here.

Watch Question & Answer on YouTube here.     Download footage here.

HANSARD: WILCANNIA WEIR

11 October 2016

Mr JEREMY BUCKINGHAM ( 16:39 ): My question without notice is directed to the Minister for Primary Industries, and Minister for Lands and Water. Two years ago, on 30 October 2014, the New South Wales Government committed $189,000 to a feasibility study into an upgrade of the Wilcannia Weir and associated works. When will the Government release this feasibility report? When will the Minister build a new downstream weir for the people of Wilcannia?

The Hon. NIALL BLAIR (Minister for Primary Industries, and Minister for Lands and Water) ( 16:40 ): I thank the member for his question. It is an important issue for the people of Wilcannia. I note that the member opposite has jumped straight to the conclusion that he wants the downstream weir completed. However, there are alternatives. Some say that we should be looking at upgrading the existing weir; some are talking about a downstream component; others are saying that we could do both.

Mr Jeremy Buckingham: Two weirs?

The Hon. NIALL BLAIR: There are some who have said that we could build two weirs. One could be addressing the water quality issue and the other could be used for amenity purposes. But the member is not aware of that, he is not aware that there are many variances associated with such projects. The New South Wales Government has engaged consultants to complete a feasibility investigation for a new weir at Wilcannia. The investigation includes a business case and associated scoping study. Department of Primary Industries—Water has received the feasibility investigation reports, including a scoping study and a business case for the Wilcannia Weir.

While there has been criticism of the time taken in completing the study, it must be understood that there are a number of considerations and detailed analyses required. Once the final reports have been reviewed, they will be considered by the Government and future stages of the project can then be discussed. We need to assess the feasibility study and give due consideration to the findings before we know what the next steps are. These reports are important steps to inform the Government about the feasibility and anticipated costs of a possible replacement weir so that the matter can be considered.

Mr JEREMY BUCKINGHAM ( 16:42 ): I ask a supplementary question. Will the Minister elucidate his answer in relation to the feasibility study? Was a cost benefit analysis conducted within that feasibility study? Can he tell the House what that cost benefit analysis may or may not have said?

The Hon. NIALL BLAIR (Minister for Primary Industries, and Minister for Lands and Water) ( 16:42 ): In answer to the first question I spoke about scoping studies and business cases; that has already been covered.

Baird condemns the Darling River to death with $500 million panic pipeline

MEDIA RELEASE – 16 June 2016

The Greens NSW water spokesperson Jeremy Buckingham today accused Premier Mike Baird of condemning the Darling River to death, by committing to a $500 million pipeline from the Murray River to supply Broken Hill, rather than spend money and create policies to revive the Darling River as Broken Hill’s water supply.

“This is a tragic day for the Darling River and Menindee Lakes.  Today Mike Baird has confirmed the worst fears of those living in Broken Hill and the far West.  Building this pipeline facilitates the Darling River being sucked dry by upstream irrigators without causing water problems for Broken Hill,” said Greens MP Jeremy Buckingham.

“The National Party has always wanted to hand over more water from the Darling to cotton irrigation, and now they’ve convinced Mike Baird to lay down $500 million to make it happen without the headache of Broken Hill running out of water.

“Burning through a huge amount of money for a panic pipeline which will not solve the water crisis is the wrong way to go.  The government should be committing to policies and works that will revive the Darling River and make the Menindee Lakes more efficient.

“The Greens believe the answer is to revive the Darling River.  To implement policies to ensure surface water flows down the Darling from small and medium rain events, rather than having all the water taken by irrigators in Southern Queensland and NSW.

“The Greens believe the $500 million should instead be spent on infrastructure works to make the Menindee Lakes System more efficient, including raising Weir 32, installing a regulator between Lake Menindee and Lake Cawndilla, and buying back Cubbie Station or at least some of their water rights to return flows to the river.

“The death of the Darling River has been caused by human mismanagement.  Today’s announcement only facilitates more mismanagement to the detriment of Broken Hill, all those who appreciate and rely on the Darling River, and the environment.”

Barnaby a fool on water management

MEDIA RELEASE – 9 June 2016

The Greens NSW water spokesperson Jeremy Buckingham today labelled Deputy Prime Minister Barnaby Joyce a ‘fool’ after the federal water minister excused irrigators and blamed the environment for the water crisis in the lower Darling and Broken Hill.

“It’s instructive that Barnaby Joyce only visited Broken Hill because his plane was diverted from elsewhere,” said Greens MP Jeremy Buckingham.

“Barnaby Joyce is a fool.  He denies the reality of climate change.  He blames the environment for man-made problems, and pretends upstream irrigation is not a problem for the Darling River.

“The foolish Barnaby proposed 27 new dams and irrigation projects in his 2014 Agriculture Green Paper.

“He is a water minister for big corporate irrigators only.  He clearly doesn’t care about family farmers and graziers going to the wall, let alone Broken Hill or the environment.

“Barnaby conveniently ignores the vast amounts of water used for huge cotton crops by his mates Southern Queensland.

“He’s like a cartoon character from the 1950s, with his head in the sand about the situation and simplistic engineering solutions.

“Barnaby Joyce has spent more time talking about Johnny Depp’s dogs than working on solving the crisis in the Murray Darling.”

Buckingham to Blair Northern Basin Water Allocations 5 May 2016

Northern Basin Water Allocations

Mr JEREMY BUCKINGHAM ( 15:15 :05 ): My question without notice is to the Minister for Primary Industries, and Minister for Lands and Water. I recently visited southern Queensland where I saw a large amount of cotton coming off Cubbie Station and irrigated farms near St George and Dirranbandi. Can the Minister update the House on the representations he previously stated he would make to the Queensland Government regarding water allocations in the Darling, Culgoa, Condamine and Balonne river systems?

The Hon. NIALL BLAIR (Minister for Primary Industries, and Minister for Lands and Water) ( 15:15 : 40 ): I would be delighted to update the House because I recently made representations—I am trying to remember; I do not want to mislead the House—two or three Fridays ago when the water Ministers met in Brisbane. Not only did I make representations but I did it on their turf. One issue I raised on behalf of New South Wales was the Northern Basin Review and the work that is being done by the Murray‑Darling Basin Authority.

New South Wales has met a lot of its obligations under that review, including the water recovery that has occurred from our system. Queensland is lagging behind, and that frustrates me as the New South Wales Minister for Lands and Water. Indeed, I have commented at every ministerial council meeting that the results of the Northern Basin Review are outstanding—meaning they are overdue. The Murray-Darling Basin Authority engaged consultants to conduct this review but, unfortunately, they made a mess of it and we had to engage another set of consultants. They messed up part of the socioeconomic review relating to the northern communities, which for a long time have relied upon a strong agricultural sector and the use of productive water.

That is the first matter I have addressed with my Queensland counterparts. The other measure—and it was a win at the ministerial council, on behalf of the people of New South Wales—was to make sure as we move through the key decision points of the Murray-Darling Basin Plan that New South Wales continues to advocate for infrastructure projects to deliver water savings. We need to start thinking outside the box in order to deliver those water savings and so that we do not see productive water being purchased out of New South Wales and flowing downstream to South Australia and then eventually out to sea.

If that water and those savings can be made through infrastructure projects or projects such as the carp eradication program, we know that we can do great things for the environment and our agricultural sector. Significantly, at the last ministerial council meeting, all States and the Commonwealth agreed to look at non-flow related projects to help bridge the gap, particularly for the sustainable diversion limit [SDL] projects and the required 650 gigalitres.

What does that mean for New South Wales? If we can stop the release of cold water or black water events in our river systems, then we can deliver proper outcomes for the environment, such as the eradication of carp or the prevention of the death of fish populations. It will mean that we will not have to enter the market and buy productive water from our producers in regional New South Wales, and it will ensure that we have better rivers, more productive regional businesses and better socioeconomic outcomes for the people of regional New South Wales.

I thank the member for the Dixer. I thank him for giving me the opportunity to stand up and show that we are advocating on behalf of all of New South Wales and that if we have to have uncomfortable conversations with other States or the Commonwealth we will.

https://www.parliament.nsw.gov.au/Hansard/Pages/HansardResult.aspx#/docid/HANSARD-1820781676-67894