Landholder lobby backs mining reform

Arbitration is negotiated between a landholder and the mining or gas company prior to exploration. NSW Farmers, the Greens and Lock the Gate have thrown their weight behind the government’s proposal.

NSW Resources minister Anthony Roberts today called for sweeping reform, backing the findings of an independent review, which handed down a comprehensive list of 32 findings.

The current process has been slammed by stakeholder groups and legal representative as biased to the resources sector and terrifying and unjust for landholders who have to fight their way through onerous negotiations with exploration companies.

Under current laws:

See The Land’s coverage of the proposed reforms: Landholders win in Mining Act reform

NSW Farmers said the reforms would improve the iniquitous system.

“For years there has been an unfair playing field when it comes to companies taking landholders to arbitration for access to farm land for mining or gas extraction,” said association president Fiona Simson.

“The process is unduly weighted in favour of the extractive industries (we are) pleased that landholder’s time has been valued and that time spent in negotiations will be paid for by the explorer as well as costs associated with seeking a court determination.”

Greens mining spokesman Jeremy Buckingham also welcomed the reforms but called for them to happen sooner rather than later.

“I am very concerned that the government has decided to delay until after the next election actually implementing the legislative changes recommended in this review," he said.

“A reform of the shambolic arbitration process for access arrangements is long overdue as the current system has imposed huge financial and emotional costs on many farmers who are faced with multinational mining companies trying to force their way onto their land.

Ms Simson also wants swift action.

“Implementation of these recommendations will be key and we on behalf of our members will ensure that the government is held to account.

“While many won’t be implemented until 2015 we urge the government to consider early implementation on the landholders’ right to legal representation. It is inequitable for farmers to have to wait another year for these changes to take place,” she concluded.

Landholder lobbyist Lock the Gate praised the reforms. National co-ordinator, Phil Laird said, "The outcomes of this review are a solid start in restoring balance in regional".

"The delay in implementing these recommendations is a cause of some concern, though.

"A State election is coming in March and we’ve seen before the kind of poor outcomes that result when policy intentions are announced long before they are implemented."

The independent review of the land access arbitration process was conducted by senior counsel Bret Walker.