Enforceable undertaking for Maules Creek Coal Pty Ltd
August 2021
Background
In July 2020, the Natural Resources Access Regulator (NRAR) commenced prosecution of Maules Creek Coal Pty Ltd (Maules Creek) in the Land and Environment Court of NSW.
The Whitehaven Coal-owned company is a mine operator at Maules Creek in the state’s north west and has about 650 full-time employees.
The mine is an open cut coal mine in the Narrabri Shire municipality, about 17 kilometres north-east of Boggabri.
The mine is approved as a State Significant Development (SSD) under the Environmental Planning and Assessment Act 1979 (the SSD Consent).
The offences
NRAR charged Maules Creek with two alleged breaches of section 60A(2) of the Water Management Act 2000 for taking water without an access licence, or in the alternative section 60C(2). The alleged offending arose between 1 July 2016 and 30 June 2019.
The charges related to an allegation that Maules Creek captured an estimated 1000 megalitres of clean water runoff from major streams on its site. This runoff should have been diverted to environmental flows.
The undertaking
NRAR entered into an enforceable undertaking with Maules Creek on 11 August 2021. The enforceable undertaking outlines steps to remedy the mine’s unlawful taking of water.
Maules Creek pleaded guilty to one charge of taking water without an access licence, with the remaining charge withdrawn.
The matter came before the Land and Environment Court of NSW for a sentencing hearing between 16 and 19 August 2021. Judgment is now reserved.
Maules Creek has undertaken to: ·
- construct approved highwall dams 8, 9, 10 and 11 and all associated works by no later than 25 March 2022 or a later date agreed in writing by NRAR
- operate approved highwall dams 8, 9, 10 and 11 and all associated works for the purpose of transferring captured clean water runoff from undisturbed catchments into a tributary of Back Creek, in accordance with the water management plan under the SSD Consent
- operate the already constructed and approved Western Clean Water Diversion and all associated works for the purpose of transferring captured clean water runoff from undisturbed catchments into a tributary of Back Creek, in accordance with the water management plan under the SSD Consent
- decommission sediment dam number 7/MC10 and re-establish the historical natural drainage line at the location of these storages within the rail corridor by no later than 29 July 2022 or a later date agreed in writing by NRAR
- submit an updated water management plan for approval under the SSD Consent by 30 November 2021 or a later date agreed in writing by NRAR
- submit an updated biodiversity management plan for approval under the SSD Consent by 30 June 2022 or a later date agreed in writing by NRAR.
There are several community benefits of the enforceable undertaking:
- the improvements to the existing clean water management system to intercept and transfer clean water runoff from undisturbed catchments into a tributary of Back Creek – instead of capturing the water on the mine site – means the water will have the chance to return to local waterways and the environment
- the updated biodiversity management plan will monitor the impact of the mine’s water management on vegetation health at permanent sites near Back Creek and its tributaries – both upstream and downstream of the mine – which will ensure any changes to the environment are detected
- the decommissioning of sediment dam number 7/MC10 and re-establishment of the historical natural drainage line at the location of these storages within the rail corridor will benefit local waterways and the environment.
The Maules Creek enforceable undertaking is available on the NRAR public register.