NEW SOUTH WALES 3:32pm September 2, 2015 Metgasco case 'exposed...

NEW SOUTH WALES

3:32pm September 2, 2015
Metgasco case 'exposed grey areas' in law



AAP
fteA
Coal seam gas explorer Metgasco's legal battle to drill in northern NSW exposed "greyness" in the laws that govern energy companies' community consultation obligations, the resources minister says.
Metgasco this week flagged plans to sue NSW for compensation over Energy Minister Anthony Roberts' 2014 decision to suspend its controversial Bentley licence - a decision that was deemed unlawful by the Supreme Court in April.
Mr Roberts told a budget estimates hearing on Wednesday that the government had decided not to appeal, adding that the judge who decided that case had acknowledged complexities in the case.

Labor upper house MP Adam Searle suggested Mr Roberts or his department had failed to seek proper legal advice before last year's suspension, potentially leaving NSW taxpayers to pick up the bill should Metgasco's succeed in its compensation suit.
But Mr Roberts declined to answer a number of questions immediately, citing potential sub judice concerns.
"Given the very glaring, open-and-shut legal errors, I was wondering if you or someone with you could lead us through the Office of Coal Seam Gas's decision-making process at each stage," Mr Searle said.
"Please come clean and tell us."
He has also called on Mr Roberts to explain why out-of-court settlement negotiations with Metgasco stalled.
"Those negotiations are commercial-in-confidence and I don't plan on commenting any further," Mr Roberts replied.
NSW Department of Industry Secretary Simon Smith, who has been leading the negotiations since July, added: "They've been very clear with us that they don't want running commentary about their affairs."
Mr Smith also downplayed the company's own statement to market on Tuesday that the NSW government had "given assurances" that it would provide "all necessary police protection" at Bentley when it came time to start drilling.
"There have been no special offers made of any form whatsoever. They just want to have normal protection under the law," Mr Smith said.
© AAP 2015

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