Limit To Mining Appeals

Newcastle Herald

Saturday October 4, 2008

IAN KIRKWOOD - INDUSTRIAL

A CHALLENGE by mining company Xstrata to the granting of a mining licence to rival Felix Resources has led the State Government to amend the Mining Act, limiting avenues of appeal.

The Mining Amendments (Improvements on Land) Bill was passed with Opposition support but the Greens spoke against it, saying the National Party had abandoned the farmers who were likely to lose as a result of the new laws.

"In attempting to clarify the rights of landholders regarding mining lease applications, the Government has trampled on their rights," the Greens' Lee Rhiannon told the upper house.

"This is greedy legislation. Its purpose is to make the system work more effectively for the mining industry."

Parliament was told the changes were needed after Xstrata, owner of the Ulan mine, near Mudgee, won a NSW Court of Appeal case against aspects of the granting of the Moolarben mining lease to Felix Resources.

Primary Industries Minister Ian Macdonald said the court decision put in doubt the long-held processes by which landholders were able to make objections under the Mining Act, in cases where lands were considered agricultural land or contained significant improvements.

"These amendments will provide certainty for mining companies and certainty for landholders," he said.

"The aim is to streamline the process and avoid lengthy unnecessary court battles. It will help all affected by the granting of mining leases and ensure courts are not tied up in unnecessary litigation."

Ms Rhiannon said the only way the bill did this was by limiting the right of appeal to 28 days.

"If you don't get an appeal in within 28 days of the licence being granted, that's the end of it," she said.

© 2008 Newcastle Herald

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