Greens introduce Landholders’ Right to Refuse (Gas and Coal) Bill 2013 into Senate

On 9 December 2013 the Australian Greens introduced into the Federal Senate the Landholders’ Right to Refuse (Gas and Coal) Bill 2013 which the Greens say will give landholders the right to refuse Coal Seam Gas (CSG) operations on their land.

The Greens Bill presented by Senator Larissa Waters, was describes as providing . . . "landholders with the right to refuse gas and coal mining activities on food producing land".

In her second reading speech, Senator Waters states:

About the Bill

The Bill is said to facilitate the right of landholders to decide whether or not they want coal and/or gas mining activities to take place on their land by requiring gas and coal corporations to secure the written authorisation of relevant landholders before they can enter their land.

The required written authorisation must contain an independent assessment of the current and future risks associated with the proposed mining activities on, or affecting, the land and any associated ground water systems.

Also landholders must be informed that they should seek independent advice and that they may refuse to give written authorisation if they choose to.

If the corporation unlawfully enters the land, they commit an offence for which a significant penalty accrues daily.

Landholders can also seek an injunction from the Federal Court to restrain the entry where relevant authorisations are not in place, and the corporation must pay the costs of that application irrespective of the outcome.

The Bill applies to all land that has produced food at any time in the 10 years prior to the first proposed gas or coal activity on the land, covering commercial primary production through to urban vegetable gardens.

Test of Current Government Promises to Protect Farming Lands

Prior to the last election the coalition promised to support measures to protect farming lands from CSG and like mining ventures, but as Website The Chronicle says in its report on the Bill:

These comments by the now Prime Minister since echoed after the last federal election by the now Industry Minister Mr Ian MacFarlane who has stated that "the Coalition would work to ensure such rights were enshrined in law".

The Greens however, claiming that the government has not yet introduced its own Bill to create such protections, have brought on this Bill to do so and test the governments commitment to its promises.

Where to next

The debate on the Bill has been adjourned and is unlikely to be continued until Parliament sits again next year. It will be an interesting debate to watch especially in the light of what is also transpiring in this area of mining activity and legislation at state level particularly in NSW where as the website Northern Star reports that:

In NSW under its current legislation, where land owners refuses to give a mining company access to land, that company may take the matter to arbitration and a court may impose conditions on the company's access.

But as Northern Star further reports:

Thus an interesting position arises where by the Greens forcing the coalition government's hand at Federal level on promises it made to get elected may very well put the federal coalition at odds with its state colleagues in NSW.

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• Landholders’ Right to Refuse (Gas and Coal) Bill 2013 and supporting Speeches and EM as reported in the TimeBase Law One Service.
• Greens bill will give landholders right to refuse CSG (The Chronicle - 9 December 2013)
• NSW Govt may allow mining companies onto private land (Northern Star - 10 December 2013)