Regulating coal seam gas in Queensland: lessons in an adaptive environmental management approach?

Swayne, Nicola (2012) Regulating coal seam gas in Queensland: lessons in an adaptive environmental management approach?. Environmental and Planning Law Journal, 29 2: 163-185.

Author Swayne, Nicola
Title Regulating coal seam gas in Queensland: lessons in an adaptive environmental management approach?
Journal name Environmental and Planning Law Journal   Check publisher's open access policy
ISSN 0813-300X
Publication date 2012-01-01
Sub-type Article (original research)
Open Access Status Not yet assessed
Volume 29
Issue 2
Start page 163
End page 185
Total pages 23
Place of publication Rozelle, NSW, Australia
Publisher Lawbook Co.
Language eng
Abstract The current regulatory approach to coal seam gas projects in Queensland is based on the philosophy of adaptive environmental management. This method of “learning by doing” is implemented in Queensland primarily through the imposition of layered monitoring and reporting duties on the coal seam gas operator alongside obligations to compensate and “make good” harm caused. The purpose of this article is to provide a critical review of the Queensland regulatory approach to the approval and minimisation of adverse impacts from coal seam gas activities. Following an overview of the hallmarks of an effective adaptive management approach, this article begins by addressing the mosaic of approval processes and impact assessment regimes that may apply to coal seam gas projects. This includes recent Strategic Cropping Land reforms. This article then turns to consider the preconditions for land access in Queensland and the emerging issues for landholders relating to the negotiation of access and compensation agreements. This article then undertakes a critical review of the environmental duties imposed on coal seam gas operators relating to hydraulic fracturing, well head leaks, groundwater management and the disposal and beneficial use of produced water. Finally, conclusions are drawn regarding the overall effectiveness of the Queensland framework and the lessons that may be drawn from Queensland’s adaptive environmental management approach.
Keyword Coal seam gas
Government regulation
Environmental impact
Environmental management
Queensland
Environmental law
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: School of Earth and Environmental Sciences
 
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Created: Thu, 30 Mar 2017, 12:19:56 EST by Yukie Tamura on behalf of School of Earth and Environmental Sciences