NSW Ban on Sea Bed Petroleum and Mineral Exploration in Coastal Waters

Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024

7 May 2024: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

coastal waters environmental protection mineral exploration natural resources offshore petroleum seabed mining

Introduced by: The Hon Paul Scully MP (ALP); The Hon Penny Sharpe MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

People cannot explore for or recover petroleum and minerals from the sea bed in coastal waters.
The ban does not apply to coastal protection works; it also does not apply to certain dredging.
Underground mining from land that reaches the sea bed remains legal if it follows the Mining Act 1992.
The Planning Minister cannot grant or renew licences for these prohibited sea bed activities.
Sea bed exploration and recovery are now classified as prohibited developments under the Environmental Planning and Assessment Act 1979.
Regulations can exempt specific sea bed activities from the ban.
The Planning Minister must consult with the Environment Minister before recommending such exemptions.

The Debate

What different members said when this bill was debated:

Scott Farlow LIB

“I lead for the Opposition in debate on the Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024 and confirm that the Opposition will support the bill. Overwhelmingly, the people of New South Wales do not want to see offshore mining and drilling in our waters.”

Official source →

Cate Faehrmann GRN

“As The Greens spokesperson on healthy oceans and mining I support the Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024. In doing so, I flag that I will seek to move two amendments in Committee that aim to strengthen and safeguard the bill.”

Official source →

Penny Sharpe ALP

“Scott Farlow and The Greens member Ms Cate Faehrmann. It is a good day when the New South Wales Parliament takes a clear and strong stance on environmental protection for our marine environment. This is a good bill with a long history.”

Official source →

News articles and press releases

Second Reading Speech, Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024

Mr PAUL SCULLY, Minister for Planning and Public Spaces — 2024-02-07

The Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024 proposes amendments to the Environmental Planning and Assessment Act 1979, which I will refer to in this speech as the EP&A Act, to prohibit the carrying out of seabed petroleum and mineral exploration and recovery. Under the EP&A Act a person will be prohibited from undertaking those activities in the coastal waters of the State. Importantly, the bill exempts coastal protection works and certain dredging activities that are not related to mineral exploration and recovery.