THE legal team representing an Eidsvold grazier against a State Government compulsory access order which would have forced construction of an LNG pipeline on his land say they hope a landmark ruling handed down in the Brisbane Supreme Court today will lead to resource companies rethinking how they conduct negotiations with landholders.
As previously reported in Queensland Country Life, Eidsvold landholder Michael Baker, Chess Park, Eidsvold, had challenged through the courts the criteria employed by former Bligh Government Mining Minister Stirling Hinchcliffe to grant a “Part 5 permission” order, which authorised coal seam gas company QGC to enter Mr Baker’s property and commence construction of their Queensland Curtis Liquefied Natural Gas pipeline without his consent.
In her ruling this morning, Supreme Court Justice Jean Dalton found the application for the Part 5 permission lodged by QGC was invalid.
Justice Dalton ruled Mr Baker had not been provided “procedural fairness” because QGC had provided insufficient information to the landholder about the Part 5 Permission application and the activities to occur on his land.
Creevey Russell Lawyers principal Dan Creevey, who acted on behalf of Mr Baker, said the ruling sends a clear message to all resource companies to respect the rights and interests of landholders affected by their projects.
In a statement to Queensland Country Life, QGC said it was considering the implications of the court decision.
QCL
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