SUTTON Forest landowners fighting against Hume Coal’s access to their properties have lost in the NSW Land and Environment Court (LEC).
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Peter Martin, Phillip Pollicina, Fesen Pty Ltd, Ross Alexander and Kathleen Roach sought to prevent Hume Coal from accessing their land. Under the Mining Act 1992 section 31, the applicants stated particular improvements on their land prevented Hume Coal from “exercising any rights” from its exploration licence to access drilling sites on their land.
Court documents said the landowners’ primary position was that section 31 prevented Hume Coal from accessing their land by vehicle, as the access would be via existing tracks and driveways, which the landowners claimed as significant improvements on their land.
However, LEC commissioner Susan Dixon found Hume Coal was able to access the landowners’ property under the terms of Hume Coal’s exploration licence.
The judgement found the landowners’ interpretation of section 31 was “inconsistent” with the Mining Act.
“Such an interpretation has the potential to inhibit or sterilise the development of mineral resource over vast areas of rural land,” the court heard.
The judgement ordered the plaintiffs (the landowners) to pay Hume Coal’s legal proceeding costs, unless the landowners applied to re-list the matter within 14 days from this judgement.
One of the affected landowners and former Southern Highlands Coal Action Group convenor Peter Martin, who has led the residents’ campaign against coal mining in the shire, said this was an “appalling judgement”.
“If it is left in place, it will completely neuter the only protections for a landowner’s valuable improvements to their properties which are embodied in Section 31,” Mr Martin said.
“It will apply right across NSW.
“How can one drill a hole without mobilising all the men and equipment to the drilling location to do the work? On this basis Hume Coal, or any other explorer for that matter, can essentially do whatever it likes to get to the drilling location.”
The landowners have applied for an appeal and have engaged Brett Walker to represent them. Mr Walker will be supported by barrister Robert While, who has led the case against Hume Coal to this point.
“Mr Walker is regarded as one of the leading legal minds in the country,” Mr Martin said.
“He is the man the NSW Government turned to for advice on the land access provisions of the Mining Act and suggested changes.
“There isn’t a lawyer in the country who knows this body of law and it’s implications for explorers and landowners better than Mr Walker.”
However, a Hume Coal spokesman said the mining company accepted the decision on “an action we didn’t initiate, but were obligated to defend”.
The spokesman said the judgement would allow Hume Coal to continue undertaking “necessary” exploration work to fulfil its exploration licence conditions so it could deliver a project that would bring “significant social and economic benefits to the region”.
