Miner to install meters and report on water use under agreement with NRAR

A Boggabri coal mine will have to install more accurate water meters and report four times a year about its water use under an enforceable undertaking (EU) with the NSW Natural Resources Access Regulator (NRAR).

NRAR accepted the legally enforceable agreement after the mine operator allegedly took surface water for which it did not hold a licence and collected it in temporary and permanent storages between early 2019 and April 2022.

Under the terms of the EU, the mine owners will have to:

• install new water meters which automatically record water-use data.
• Purchase new software and implement an improved water balance modelling program
• report to NRAR on surface water take four times a year until 2027.
• pay more than $54,000 to compensate for surface water taken unlawfully, and a further $15,000 to cover NRAR's investigation costs.
• contribute $10,000 to a community project with a water management focus in the local area
• undertake consultation with the local indigenous community about the impact of past and future water take on Aboriginal communities and where practical and reasonable, assist in promoting and protecting cultural values and practices in the area affected by mining operations of BCM.

Natural Resources Access Regulator Director Investigations and Enforcement, Lisa Stockley, said the EU committed the mine operators to a strict reporting and management regime for a significant period.

"We believe the agreement will give NRAR strong oversight of water management operations and ensure that the mine itself will have the data needed to stay within its water licence requirements," Ms Stockley said.

"Improving the way water use is measured and reported in mining and extractive industries has been a key focus area for the independent regulator during the past year,” she said.

Ms Stockley said Boggabri Coal Mine was largely in compliance with the Water Management Act 2000 before NRAR started its investigation.

“They held groundwater licences, a surface water licence for some of its surface water take and were exempt from needing a licence for another portion of its surface water take because harvestable rights applied" Ms Stockley said.

“They only required a licence for part of their surface water take December 2021.”

Ms Stockely said mining and extractive industries often use large volumes of water so ensuring transparent and fair access to water at this site is an important achievement.

"NRAR is working to ensure operations like this that can show compliance with water regulations and ensure water take is accurately measured, modelled, and accounted for," she said.

NRAR can accept an EU as an alternative to more serious enforcement actions such as court action when a company or individual has been found to have breached water laws in a significant way.

An enforceable undertaking must propose actions to address the alleged offending and acknowledge the breach of the Water Management Act 2000.

"NRAR will consider the nature and seriousness of the breach and the compliance history of the party when deciding whether the EU is likely to achieve the most effective regulatory outcome.

"An enforceable undertaking will not be accepted unless NRAR considers it is in the public interest."

You can see details of other enforceable undertakings on NRAR’s website.