FARMERS need to get good legal advice and have very specific land access agreements when dealing with mining companies.
That was the main message for about 35 landholders at a meeting organised by Narrabri Shire council this week.
It was chaired by Environmental Defenders’ Office principal solicitor Kirsty Ruddock and education officer Nick Angel.
Ms Ruddock said the meeting was designed to give landholders a better understanding of their legal rights when mining or coal seam gas companies “end up on their doorstep”.
“We stressed the importance of understanding farmers’ rights under the Mining Act and the Petroleum (Onshore) Act,” Ms Ruddock said.
One of the most important tips was the outline of specific obligations for companies when they’re on a
property.
“They (landholders) need to get really good legal advice on access agreements,” she said.
“The access agreements should include rules about shutting gates, people signing in and out of the property, what the licence is for so they’re not rolling exploration into production, a clear timeline for exploration, times they can come on the property, access roads, and where they can go on a property.”
Areas which are no-go zones for mining include near a house, within 50 metres of a garden, or on improvements to a property.
Ms Ruddock said communities needed to negotiate a standard agreement of terms which sets out the compensation and liability on all properties.
“Nothing in law requires it (a land access agreement) to be confidential. It’s a condition that the mining companies want, but you don’t have to agree to that,” she said.
Other issues included campaigning, the need for more protection for national parks and new laws for coal seam gas companies to follow.
“The changes to laws are too late, because they apply to new licences, not existing petroleum licences, so the licences won’t be subject to the strategic land use and better consultation practices,” Ms Ruddock said.
Maules Creek Community Council member and farmer Phil Laird said the meeting was informative.
“It’s imperative that anybody who has coal seam gas companies coming onto their land gets legal advice, from someone who knows what they’re talking about, and this is their speciality,” Mr Laird said.
“One the most important things is to have a really good access agreement, not the default or generic one that the coal and coal seam gas companies supply.”