It was the the first victory for the Brown and Alcorn families in an almost two-year battle to keep BHP Billiton off their land.

The ruling could set a precedent that voids every access agreement in the EL6505 exploration licence area and across the state.

Felicity Milner of the Environmental Defenders Office told The Leader the access agreements were declared null and void because BHP had failed to notify the mortgagees for the properties.

“This could well mean any access arrangement, imposed by the arbitrator or mining warden, in which all the landholders weren’t notified, would be liable to challenge,” she said.

“This could have far-

ranging implications for any arbitrated arrangements where mortgagees or native title holders – among other landholders – were not notified.”

BHP Billiton was tight-lipped in the wake of yesterday’s decision.

“BHP Billiton won’t be making comment until the options available to it have been considered,” a spokesman said.

The company has 28 days to appeal the decision to the NSW Court of Appeal.

Caroona Coal Action Group spokesman Tim Duddy said the decision was a “watershed moment”. Gunnedah solicitor Peter Long, of Slater and Gordon, told The Leader he believed the precedent would apply to every imposed access agreement in the EL6505 licence area.

“I represented 22 clients who had access agreements imposed by the arbitrator or mining warden, and in every case we contended they did not have jurisdiction,” Mr Long said.

“I will be meeting with all of those clients to ascertain whether they wish to have their access arrangements’ validity reviewed.

“I do not believe mortgagees were contacted in any of the cases.”