Legal loophole for landowners

RIGHTS FIGHT: EDO senior solicitor Sue Higginson

LEGAL advice provided by the Environmental Defender's Office (EDO) suggests there may be a "get out" clause for landowners who don't want coal seam gas mining companies coming on to their land.

The clause is in relation to the term "improvements" as defined in the Petroleum (Onshore) Act 1991. Section 72 of the Act states the holder of a petroleum title (including exploration licences) cannot undertake any works on land on which there are improvements without the written consent of the owner and occupier.

Thousands of people across the region have displayed Lock the Gate signs on their properties to let mining companies know they do not want exploration or extraction occurring on their land, but it is largely a symbolic gesture. Under the powers granted to the mining companies in their licences, if access is denied, they may take landowners to the Land and Environment Court where the court may order access with conditions.

BUT advice provided by the EDO to the Bellata Gurley Action Group Against Gas suggests the definition of "improvements" is a legal grey area that may be tested regarding a landowner's right to refuse access.

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Northern Rivers Echo