Background
NRAR has agreed to an enforceable undertaking with a coal mining company at Tahmoor south of Sydney.
NRAR began investigating Tahmoor Coal Pty Ltd in 2020 after it was observed that underground longwall mining had fractured Redbank and Myrtle Creeks causing surface water to be diverted from them.
NRAR investigators gathered water monitoring data and with expert hydrological modelling estimated that a substantial quantity of water was diverted from the creeks
Tahmoor Coal first approached NRAR about the EU in August 2022.
The alleged breach
The diversion of water caused by underground mining is alleged to have breached section 60A(2) of the NSW Water Management Act 2000 which stipulates that it is an offence to take water without, or otherwise than authorised by, an access licence.
The undertaking
NRAR entered into an enforceable undertaking with Tahmoor Coal Pty Ltd in July 2023. The enforceable undertaking outlines steps to remedy the mine’s unlawful taking of water and to implement vastly improved monitoring and measuring processes at the site. It also seeks positive community outcomes. Under the terms of the legally binding agreement, Tahmoor Coal Pty Ltd must:
- Pay compensation of $150,000 for the volume and value of the water allegedly taken;
- Pay a further $50,000 for not having adequate water licences
- Contribute $25,000 for rehabilitation work along the banks of Stonequarry Creek, near Hume Oval at Tahmoor;
- Report to NRAR on its monitoring of, and impact on, current and future water take at Tahmoor Coal, including supplying six monthly water monitoring reports to NRAR;
- Ensure it has sufficient water access licences and water entitlements for its mining activities by reviewing its water access licence strategy every year; by buying extra water entitlements when needed and by providing a copy to NRAR of its updated water strategy within 28 days of completion.
- Provide quarterly progress reports on the remediation of Redbank and Myrtle Creeks with a final report to be provided after two years; and
- Commit to ongoing consultation with Tharawal Local Aboriginal Land Council representatives about the impact the company's operations may have on waterways, and the corresponding impacts on the local Aboriginal communit