Late
last year the State Government passed the MERCP Bill which took away the rights
of various community groups, landowners and persons concerned. To put it simply
the bill made it hard or impossible for anyone other than a directly affected
landowner to object to an Application for a Mining Lease or an Environmental
Authority. The bill was passed but never came into effect. Last month a
Bill revoked s47D of the State Development and Public Works Organisation Act
1971 which restored objection rights to coordinated projects.
The
Federal Government now is making noises that they want to remove the legal
right for persons other than those directly affected to object to approvals.
This would cause the same problems and reaction that the removal of the
rights at a state level caused. A landowner should be able to object to a
coal mine if they are not directly affected by the Mining Lease but their Water
Source is going to be impaired. A landowner should be able to object to a
project if the dust impacts outside of the mining lease are going to cause
health issues.
Hopefully
the Federal Government reviews the consultations that took place when the
Queensland government considers this issue. Landowners would be well advised to
speak to their members and federal representatives about their concerns on this
issue.
Melanie
Oliver the Rural, Mining & Gas Partner at local law firm Rees R &
Sydney Jones. If you have any questions, please contact Melanie on 4927
6333.
