The Neutral or Beneficial Effect (NorBE) test was introduced in 1998 after Sydney’s drinking water contamination crisis. Its purpose was straightforward: development within the drinking water catchment should only proceed if it maintains or improves water quality.
In 2017, Alliance member 4nature successfully challenged the approval of Springvale Coal Mine in the NSW Supreme Court. Before final orders were made, the Coalition Government passed special legislation allowing the mine to continue operating and weakening NorBE for existing coal developments. Mine extensions and modifications can now avoid the full test, while impacts may be assessed against waterways already polluted by mining.
Labor strongly opposed these changes. Chris Minns warned they created a dangerous precedent, while then Opposition Leader Luke Foley and Penny Sharpe committed a future Labor government to restoring proper catchment protections. Labor was elected in 2023, but that promise remains unfulfilled as NSW approaches the March 2027 election.
The Gardens of Stone Alliance is calling for reforms that:
• make NorBE mandatory for all developments, expansions and modifications
• remove the special exemptions for existing coal mines
• require public authorities to meet the same standard as developers
• assess impacts against a genuine “no development” baseline, not existing pollution
• protect both local waterways and the ultimate receiving environment, including stored drinking water
• require cumulative improvement in water quality
• prevent pollution transfers labelled as “beneficial reuse” from satisfying NorBE
These changes would close known loopholes, encourage investment in pollution treatment and deliver the protections Labor promised.