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 Landowners have rights when it comes to coal seam gas exploration 

Landowners have rights when it comes to coal seam gas exploration

20 Jul, 2011 12:00 AM
A TAREE legal firm has joined forces with the NSW Farmers Association to tackle the groundswell of concern, now rife in the Manning and Gloucester valleys, about the coal seam gas industry and exploration generally along the Mid North Coast.

The initiative, which will include a public forum in Taree and Gloucester possibly in September, will ensure better access for the community to information regarding coal seam gas and other exploration now taking place along the coast and hinterland.

The initiative, announced yesterday, will also provide legal assistance to landholders who are or may be affected by exploration licences and production leases.

The move comes as a result of increasing concern in NSW - and among Mid North Coast farmers in particular - about coal seam gas (CSG) exploration and extraction.

The concern stems partly from the growing frequency of aerial and ground surveys being conducted on behalf of mining interests, and the growing number of exploration licences being advertised.

NSW Farmers Association is leading the way in trying to ensure landholders rights are appropriately communicated and enforced.

Local law firm, Paton Hooke Lawyers was recently invited to attend a two day legal forum in Sydney, hosted by NSW Farmers Association to focus particularly on the current approach to CSG in NSW, the existing legislative regime, and setting a framework to better assist farmers and regional communities in identifying and enforcing their rights and to lobby for change and clarity where necessary.

Managing director of Paton Hooke, James Paton, said the forum involved presentations from the mining and gas industry, industry bodies as well as lawyers and NSW Government representatives.

"It was an exceptional forum which dealt with many existing issues facing CSG and highlighted the fact that more needs to be done to ensure adequate communication and disclosure between the mining and gas companies and regional communities" Mr Paton said yesterday.

As a result of the significant issues arising from the forum, coupled with the growing concern in the Manning Valley and Gloucester areas, particularly relating to water quality and landholders rights, Paton Hooke is joining forces with NSW Farmers Association to ensure better access for the community to current information regarding CSG and exploration generally on the Mid North Coast, Mr Paton said.

"We are in the process of arranging a forum in both Gloucester and Taree to be hosted by the NSW Farmers Association and Paton Hooke at which a number of industry, government and private sector experts will address the community. It is likely the forum will take place in September."

There has been a proliferation of licences granted for exploration in NSW, not only for coal seam gas but other minerals and precious stones, Mr Paton said.

"The ramifications from the grant of exploration licences can impact greatly on landholders.

"This impact can be reduced if a proper understanding of the legal issues is communicated to landholders at the outset and landholders are afforded the opportunity, at the mining and gas companies' expense, to explore the risks and negotiate a fair and mutually acceptable approach."

One area identified of particular importance is the negotiation of Access Arrangements between the landholders and the licence holder under the Mining Act or the Petroleum (Onshore) Act.

The forum in Sydney noted the importance of landholders becoming aware that they do have rights in relation to the nature and extent of access which mining companies may seek to adopt in order to access their property for exploration or production purposes.

These rights need to be explained and understood by the landholders, Mr Paton said.

The forum also examined the need for industry to be open and transparent in its dealings with the communities in the areas in which it seeks to explore.

Paton Hooke and a small group of other lawyers predominantly from western NSW who attended the forum are working in conjunction with the NSW Farmers Association, the NSW Mineral Council, government and industry representatives to find solutions that can alleviate landholder concerns.

"This is important because it is acknowledged that water resources, agriculture and environment protection are of vital significance and that the search for energy resources will need to be conducted with this in mind," Mr Paton said.

Although industry representatives during the forum indicated that on current estimates there is over 250 years of natural gas supply in Australia which will provide Australia with cleaner and more secure energy production, given the importance of the impact that such exploration licences and production leases may have upon the Mid North Coast and hinterland, the NSW Farmers Association is concerned to ensure that such opportunity is not explored to the detriment of farming and regional communities and the environment itself, he said.

Any persons wanting to register an expression of interest in attending the proposed forum or have current concerns regarding their own properties should contact Paton Hooke Lawyers on 6551 0355.

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comments


Date: Newest first | Oldest first
How can these industries claim to have socail licenses to operate when the communities are so clearly saying no? Buying a few footy jerseys and sponsoring the local landcare group just wont buy it this time around. We value our water, food supplies & lifestyles way too much.
Posted by No Social Licence to operate, 20/07/2011 12:29:26 PM, on Manning River Times

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