The Natural Resources Access Regulator (NRAR) has marked its third successful action against a coal company in just a few months. 

The regulator has finalised an enforceable undertaking (EU) with Tahmoor Coal Pty Ltd, following allegations of water acquisition without a proper access licence.

The deal has led to a compensation sum of $200,000 and the imposition of a stringent water monitoring and reporting protocol as part of the compensatory measures to be undertaken by the company.

NRAR's scrutiny of Tahmoor Coal commenced in 2020 when underground longwall mining activities disrupted the natural flow of Redbank and Myrtle Creeks, triggering diversion of surface water.

The comprehensive enforceable undertaking necessitates the following stipulations from the company:

  • Compensation payment of $150,000

  • Additional $50,000 fine for inadequate water licences

  • Contribution of $25,000 for the restoration of Stonequarry Creek's banks near Hume Oval at Tahmoor

  • Reporting responsibilities to NRAR, including biannual water monitoring updates, evaluating current and future water extraction impacts

  • Ensuring sufficient water access licences and entitlements through an annual review of water access licence strategy, acquisition of extra water entitlements as needed, and furnishing updated water strategies to NRAR within 28 days of revision

  • Quarterly progress reports on Redbank and Myrtle Creeks restoration, culminating in a final report after two years

  • Continuous consultation with Tharawal Local Aboriginal Land Council representatives to address community concerns

NRAR's Director of Investigations and Enforcement, Lisa Stockley, has lauded the pact, describing it as a pivotal step towards rectifying the environmental damage wrought by unauthorised water usage arising from subterranean mining activities. showed a promising shift towards compliance and responsible resource management.

Stockley highlighted the innovative potential of enforceable undertakings to yield benefits that conventional legal actions might not accomplish, citing previous triumphs in Boggabri and Illawarra. 

She said the NRAR is willing to entertain enforceable undertakings as alternatives to litigious proceedings when they address rule violations and acknowledge the breach of the Water Management Act 2000.