The State Government faces a backbench revolt unless it gives farmers the power to prevent mining companies from using their land, as up to eight Liberal MPs prepare to cross the floor next week.
The Advertiser understands six Lower House MPs flagged in the Liberal party room that they could cross the floor if a Bill to amend the state’s Mining Act remains as it is. Party sources consider four backbenchers a real chance to vote against the legislation.
The sticking point is the fact that the Bill does not include a right of refusal, which would allow farmers to stop mining companies speculating on their properties.
Backbenchers Fraser Ellis, Steve Murray and Nick McBride confirmed they would cross the floor if the Bill remains as it is, after the Government confirmed its intent for the Bill to be debated in Parliament on Tuesday.
Another three have reserved their rights in the party room, with one considered highly likely to cross the floor unless Energy and Mining Minister Dan van Holst Pellekaan agrees to a compromise.
Upper House MP Terry Stephens also confirmed he would cross the floor, while Dennis Hood is understood to have reserved his rights and could join him.
MPs said they would try to amend the Bill during a party room meeting but felt they had no option but to cross the floor if it was pushed through next week, saying Mr van Holst Pellekaan had a “tin ear” and would not listen to community concerns.
The Advertiser sought comment from the State Government on Friday night.
Despite the Government’s Bill mirroring the one introduced by the Labor Party last year, Opposition energy and mining spokesman Tom Koutsantonis said Labor had yet to settle on a position. “We’ll wait and see what they finally debate. We’re keeping our options open,” he said.
The legislation would fail to pass if Labor joined the backbenchers and independent MP Troy Bell in voting against it.
Yorke Peninsula MP Mr Ellis said the Government would only “further alienate the party’s ordinary members” if it pushed through the legislation as it is.
He said the regional community also felt dismayed Mr van Holst Pellekaan had not held his own consultation on the Bill, despite a Liberal Party commitment to do so.
Labor’s Bill, which was not passed before Parliament prorogued last year, was heavily criticised for being “rushed” through by the former government, and not holding a proper consultation process with South Australian farmers.
“People felt the Labor Party’s consultation was a sham and now the Liberal Party has relied on that consultation to formulate our own Bill,” Mr Ellis said.
“In this era of turbulence for the major parties, it would be a dangerous thing to anger the whole of the grassroots membership.”
A meeting of the Liberal Party’s Rural and Regional Council – one of three internal councils representing party members’ views – last weekend moved a motion for the Government to amend its Bill.
Chairwoman Nicola Centofanti said the council wanted to remove the section of the Bill that gives mining companies the power to appeal in court to access land used for cultivation.
“We’re not anti-mining, but we want farmers to have the right of refusal so they get to make that choice,” she said.
Mr Stephens said he would not be in Parliament without the Rural and Regional Council and felt duty-bound to stand up for regional party members.
SA Chamber of Mines and Energy chief executive Rebecca Knol said the mining industry “categorically opposes” farmers being given a right to veto mining access.
She said SACOME supported the Bill as it stood.
Mr van Holst Pellekaan told The Advertiser on November 2 that the Government would continue to consider opinions from the agriculture and resources sector about how they could coexist for the benefit of the state.
“Agriculture continues to be our strongest industry and mining is our state’s best growth opportunity, so it is critical we ensure both sectors succeed,” he said.
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