The Bill provides that Australian landholders have the right to refuse the undertaking of gas and coal mining activities by corporations on their land without prior written authorisation and;
sets out the requirements of a prior written authorisation
provides for relief which a court may grant a land owner when prior written authorisation is not provided
prohibits hydraulic fracturing for coal seam gas, shale gas and tight gas by corporations and provides for civil penalties.
The Bill applies where there is an ‘ownership interest’ defined as a legal or equitable interest or a right to occupy it’ (s 5). Native title holders with exclusive native title rights and interests in land would likely fall under this category.
The Bill also allows an ‘interested person’ to apply to the Federal Court for an injunction if a corporation wants to engage in hydraulic fracturing operations (s 15).
‘Interested person’ is an Australian citizen or ordinary resident in Australia or an external Territory, whose interests have been, are or would be affected by the conduct. This includes native title holders with interest on the land.
This Bill was referred to the Senate Committee on Environment and Communications. The inquiry received 96 submissions. The committee expressed support for the principle that agricultural landholders should have the right to determine who can enter and undertake gas or coal mining activities on their land. However, the committee held concerns over aspects of this particular Bill. They noted that 'ownership interest' would create uncertainty or not be practical as it would be too difficult to for a company to know that it has obtained written authorisation from every person who has an ownership interest in the relevant land. Further, the Committee suggested that a veto right would essentially create a private mineral resource scheme resulting in the lost public benefit in a state owned mineral resource scheme. Lastly, the Committee was of he view that the matter was within the realm of the States and recommended that the Bill not be passed.
The Greens produced a dissenting report supporting the Bill, and particularly support the ideas of giving landholders a right to say 'no' and the ban fracking.
This Bill will not proceed.
For further information please see the First Reading, the Explanatory Memorandum, Second Reading.