August 24th 2011

Australian Greens spokesperson on mining, Senator Larissa Waters, has this afternoon introduced a bill to give farmers the right to say no to coal seam gas mining on their land.

“When Australia has so little good quality agricultural land, only about 1-2%, we must protect it from all other inconsistent land uses,” said Senator Waters.

“Farmers should have the legal right to decide that they want to keep farming their land, rather than take the risk of possible long term groundwater depletion or contamination from coal seam gas mining.”

“Our Bill will be a test for the government and the coalition on whether they really stand on food security and the longevity of our rural communities.”

“The Greens acknowledge that redressing the lack of landholder rights does not solve the environmental problems with coal seam gas mining.”

“We continue to call on both old parties to support a moratorium on any new coal seam gas approvals until the long term impacts of the industry on our groundwater, food security, rural communities, threatened species, the climate and the Great Barrier Reef are known.”

“The Greens are in discussion with Mr Windsor on his forthcoming bill to add a water trigger. We will be introducing complementary legislation in the Senate which build on the Greens 2006 amendments to see water covered by our environmental laws.

“A water trigger is crucial to enable the Minister to properly consider the impacts of water intensive proposals, such as coal seam gas. Currently he can’t, and that’s akin to examining a smoker for cancer without looking at their lungs,” said Senator Waters.

Background to the Bill

The Landholders’ Right to Refuse (Coal Seam Gas) Bill 2011 requires coal seam gas corporations to gain farmers’ written authorisation to enter their land to conduct coal seam gas activities. That authorisation must contain independent advice about all risks to food security and groundwater, and make it clear that the farmer can refuse to sign.

Any corporation entering land without the farmers’ permission would cop a daily $55,000 fine, risk prosecution, and be subject to the farmer’s right to seek an injunction from the Federal Court which the corporation must pay the cost of.

The Bill applies to all land that has produced food at any time in the 10 years prior to the first proposed coal seam gas activity on the land, from commercial primary production through to urban vegetable gardens.

The Bill does not alter the ownership of the minerals and gas, which remain vested in the States. The Bill does not affect the ability of the federal and state governments to compulsorily acquire the land with appropriate compensation.

Senator Waters introduced the bill today (Wednesday) at approximately 3:35pm.

Media contact Narelle McCarthy 0424 465 487