On March 5, the court handed down a decision relating to access agreements for exploration activities. This means all parties with an interest in land that a minerals company intends to explore must be notified – not merely the landholder.

“... This decision, if left to stand, actually has the potential to diminish the rights of an owner of land, reduce certainty, force banks and others to become part of the access process and could result in an unwieldy and expensive process for farmers,” BHP Billiton said in a statement released on Thursday.

But CCAG representative Tim Duddy said yesterday the release was “total spin”.

He believed that, by not actually lodging an appeal but only an intention to appeal, BHP Billiton hoped to buy time to pressure the Government to change the legislation prior to lodging an actual appeal in, say, three months’ time.

Mr Duddy said it wouldn’t matter how many people had to be notified if BHP Billiton wanted to explore a particular property.

“They couldn’t even get their notices (for access) right when it was just one party,” Mr Duddy said.

Of BHP Billiton’s assertion that the decision would diminish the rights of an owner of land and reduce certainty, he said: “I think that is a totally deceptive part of the spin, that the minerals industry is trying to apply pressure to the Government to get the law changed”.

Any appeal by BHP Billiton would “have a very narrow range of prospects ... it’s going to have a very specific line on which they’ll take”.

Mr Duddy said this aspect might also be a reason that, at this stage, the company had only lodged an intention to appeal, because BHP Billiton lawyers would have to be thoroughly briefed.

“I don’t think it does much for their credibility,” federal Member for New England Tony Windsor said.

“It reinforces the idea of some people that the law has been leaning in their favour.”

Mr Windsor agreed with Mr Duddy’s sentiments about notifying all interested parties.

“The bank (as a mortgage holder) is entitled to know what’s going on,” Mr Windsor said.

“I doubt the appeal will succeed.”

BHP Billiton did not respond to a request for comment on Mr Duddy’s statements.