Bid to remove Farmers’ Rights to protect their land
(The Advertiser, Saturday 10th May)
Many of you would have seen the article in The Advertiser (attached).
A lawyer from Finlaysons, George McKenzie, has called for the Mining Act 1971 to be changed so that mining companies could seek ministerial authority to compulsorily acquire land.
DMITRE’s deputy chief executive, Dr. Paul Heithersay, seems to agree. He states “For the year ahead, land access is our number one, two and three priority”.
This proposal would completely remove the protections available to farmers under the current Mining Act.
At present, Section 9 of that Act stipulates that land lawfully used as a cultivated field is exempt from mining operations, unless that exemption is voluntarily waived by the landowner.
If the landowner refuses to waive that exemption, the mining company may either choose to walk away from the project or take legal action against the landowner in the Environment, Resources and Development Court. It is that Court, not a politician, which then makes the decision, based on a range of considerations spelled out in the Act.
Proposed changes to Mining Act contrary to what is needed
As exploration and mining companies move into prime agricultural regions such as Yorke Peninsula, it is becoming obvious that landowners’ protections under Section 9 of the Mining Act are not strong enough.
In 2013, both the Hon. Mark Parnell and the Hon Brokenshire introduced changes to the Mining Act that, if passed, would have strengthened farmers’ rights to protect their land. These amendments failed, with both major parties voting against them. At the last state election, both the Liberal and Labor parties declared their support for mining.
The Mining Act does need to be changes, but these changes need to provide GREATER protection for farmers against mining companies, not LESS.
Implications for Yorke Peninsula farmers
Farmers on Yorke Peninsula have much to lose if the exemption status of agricultural land is removed from the Mining Act or if a Government minister is given the power to compulsorily acquire land for exploration and mining purposes.
Apart from Rex Minerals’ proposed Hillside mine, over 90% of the Peninsula is now covered by exploration licences. In just the last two weeks, two other companies – Marmota Energy at West Melton and Adelaide Resources at Alford – have announced major copper finds on the Peninsula.
If we don’t draw a line in the sand now, and fight for farmers’ rights to protect their land against invasive mining, Yorke Peninsula could end up as one big mining site, at a time when food production is becoming the No 1 priority for humanity.
WE MUST ACT NOW TO PROTECT YORKE PENINSULA’S PRIME AGRICULTURAL LAND FROM INTRUSIVE MINING
TOMORROW WILL BE TOO LATE!
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