Water data and the legitimacy deficit: a regulatory review and nationwide survey of challenges considering cumulative environmental effects of coal and coal seam gas developments

Environmental water management in relation to groundwater occurs mainly by controlling groundwater withdrawals under water and environmental assessments and approvals, rather than by actively managing groundwater rights for environmental purposes. Despite apparently close regulation of coal mining and coal seam gas developments, significant public concerns remain regarding the assessment and approval processes that seek to control their cumulative effects on groundwater-dependent ecosystems. This paper analyses a key element of concern: regulatory aspects of water data relevant to assessments and approvals. It outlines a three-part framework for considering requirements for water information in the regulatory context. It then analyses Australian federal legal requirements in relation to water information and data from a new nationwide, exploratory survey of groundwater professionals. Both suggest improved legal measures are required to govern the nature of groundwater data that is produced by governments and proponents, and how and when it is produced.