- Independent MP Jacqui Scruby is introducing a bill to close legal loopholes that have allowed NSW coal mines operating in Sydney's drinking water catchment to pollute waterways, with salinity levels in some areas measured at twelve times the recommended national water quality target.
- The legislation seeks to reinstate a robust Neutral or Beneficial Effect (NorBE) test for coal mine expansions and modifications in the Sydney drinking water catchment, reversing changes made under the Berejiklian government in 2017.
- NSW Labor, including current Premier Chris Minns, strongly opposed the weakening of drinking water protections whilst in opposition and promised to reinstate them, but has yet to act on this commitment since returning to government.
- Centennial Coal has proposed dumping millions of litres of toxic mine water directly into the local environment ahead of planned expansions to its Angus Place and Springvale coal mines, which campaigners say must not be permitted.
- The Gardens of Stone Alliance is calling on the Minns Government to support the bill, and is holding a public action outside NSW Parliament on 10 November 2026 to demonstrate community support for stronger drinking water protections.
Independent MP, Jacqui Scruby, will today introduce a bill to protect Sydney’s drinking water from coal mine pollution, delivering on a promise Labor has failed to act on.
The Gardens of Stone Alliance commends Ms Scruby for her efforts to prevent pollution in the Sydney drinking water catchment and calls on the Minns Government to support the Bill.
The legislation would close loopholes in pollution laws that have been exploited by NSW coal mines operating in the Sydney drinking water catchment, in line with promises made by NSW Labor whilst in opposition.
Underground coal mines in the Lithgow region are causing significant pollution in the headwaters of Sydney’s drinking water catchment.
For example, salinity readings in Wangcol Creek, that flows directly into the Coxs River and Warragamba Dam, have been measured at twelve times the recommended national water quality target1.
Gardens of Stone Alliance campaigner, Luke Gelder, said:
“Coal mine pollution in the Sydney basin is not adequately regulated. Salinity and heavy metals levels in coal mine wastewater are through the roof.
“Labor vehemently opposed the weakening of protections for Sydney’s drinking water when this occurred under the Berejiklian government in 2017 and committed to reinstating those protections when it returned to government.
“Ms Scruby’s Bill closes these loopholes and prevents ongoing water pollution. Labor should adopt this legislation to fulfill its promise to strengthen drinking water protections.”
Jacqui Mills, Senior climate campaigner at Nature Conservation Council NSW said:
“These loopholes have been used by mines to expand their operations to the detriment of the millions of Sydney-siders who rely on the catchment for their drinking water.
“Centennial Coal has proposed to dump millions of litres of toxic mine water directly into the local environment to ready itself for expansions to its Angus Place and Springvale coal mines. This must never be allowed to happen.
“Development that pollutes our drinking water should be prohibited. That should be non-negotiable.”
ENDS
Notes
The Environmental Planning and Assessment Amendment (Sydney Drinking Water Catchment Neutral or Beneficial Effect) Bill 2026 will be introduced into the NSW Legislative Assembly by Member for Pittwater, Jacqui Scruby, today. Upon tabling, it can be viewed at this link: Current session bills | Parliament of NSW. It seeks amendments that would reinstate a robust NorBE test to coal mine expansions and extensions (continuing development) and modification proposals in the Sydney drinking water catchment.
In 2017, after a successful legal challenge brought by Alliance member, 4nature, NSW Parliament passed special legislation overturning the win and exempting existing coal mines in the Sydney drinking water catchment from the water quality rules that apply to other developments.
Labor strongly opposed the weakening of protections for Sydney’s drinking water and committed to amending the legislation and reinstating a robust Neutral or Beneficial Effect (NorBE) test on development. At the time, Chris Minns, then Shadow Minister for Water, said, “We can protect the water quality of New South Wales, in particular the Sydney catchment which produces water for seven million people, and we can keep the Springvale mine open and keep the power operating for New South Wales residents. It does not have to be an either/or” 2.
Currently, proposals seeking to modify development consent do not need to pass the NorBE test. For proposals to expand or extend coal mines, while the NorBE test applies, it permits existing water pollution.
Underground coal mines interfere with groundwater, mobilising salts and minerals that leech or are discharged into the environment causing salinity and heavy metal contamination of ground and surface waters.
The Gardens of Stone Alliance was formed in 2005 to protect the natural and cultural values of the Gardens of Stone region. Its members include the Blue Mountains Conservation Society, Lithgow Environment Group, Nature Conservation Council of NSW, Wilderness Australia, 4nature, Bushwalking NSW and the National Parks Association of NSW.
The Gardens of Stone Alliance will be holding an action out the front of NSW Parliament on 10 November 2026 from 11am to show our support, and that of the community, for Jacqui Scruby’s Bill to protect Sydney’s drinking water.
Contact details:
Media contact: Ellie Chamberlain
[email protected]
(02) 9516 0135
Note: Spokespeople are available for comment on request.
