NSW Farmers Association - Priority Issue 2

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Committee Members
Fiona Simson
Rod Young
Bronwyn Petrie
John Ward
Lorraine Wilson
Helen Dalton
Mark Horan
Mark Bulley

NSW Farmers'
Association Staff
E nswfarmers@
nswfarmers.org.au

P 02 8251 1700
F 02 8251 1750

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Mining

Given the large number of mineral and gas exploration and development issues now facing members across the state, a Presidential Taskforce on Mining was established following the Association’s Annual Conference 2009. Chaired by CRM Committee member Fiona Simson, the Taskforce also includes CRM Committee Chair Rod Young, Executive Councillor Wayne Newton, and Gunnedah District Council Chair Judi Sheedy.

The Taskforce has identified the need for food and water security; a review of relevant legislation; an assessment of cumulative impacts; and science-based planning as particular priorities.

Supreme Court Decision on Caroona Mining Access Agreements
On 5 March 2010, the Supreme Court of NSW handed down its decision in a case supported by the Association and the Australian Farmers' Fighting Fund that review the Exploration Access agreements handed down by review of the Mining Warden covering two farms in the Caroona region. The decision quashed the agreements on the basis of jurisdictional error, finding that Coal Mines Australia Pty Ltd had failed to notify all persons defined as a landholder in the making of the access agreement. This was because it was held that the Mining Act 1992 contemplates a single access agreement between the exploration licence holder and all landowners, including mortgagee, whether arrived at either by consent or arbitration.

The decision also held that:

access could be withheld from the holder of an exploration licence, however this would be bound to the terms of the proposed agreement, with the licence holder able to recommence negotiations for exploration.
that the Mining Warden's decision not to incorporate terms covered by the exploration licence within the access agreement was flawed. This was on the basis that the legislation contemplates the rights of landholders to enforce specific conditions of access to their property during exploration.

In making its decision, the Court relied upon the recent Kirk Group Holdings decision of the High Court of Australia, which was also supported by the Association and the Australian Farmers' Fighting Fund. Please click here for a copy of the full transcript.

Submissions

NFF Submission to the Senate Inquiry into the Impacts of Mining in the Murray-Darling Basin (September 2009)

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Mining

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