Our right to say no to mining

Australians have little or no legal rights to prevent mining and gas companies forcing themselves on to our land, damaging our water resources and putting the health of our families at risk.

This vast injustice has led to entrenched conflict and caused many families to suffer heavily at the hands of multi-national mining corporations.

Australians have little or no legal rights to prevent mining and gas companies forcing themselves on to our land, damaging our water resources and putting the health of our families at risk.

This vast injustice has led to entrenched conflict and caused many families to suffer heavily at the hands of multi-national mining corporations.

Email all Australian Energy Ministers

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On Friday, 4th December, all Australian Governments will meet at COAG Energy Council to discuss whether landholders should have the right to refuse access to mining and gas companies.

Mining companies use the powers that they have to legally enforce access as a way of bullying and intimidating farmers and Traditional Owners. This rule of fear needs to stop now.

Please send a short email below to the Energy Ministers of all Australian Governments. They must act at COAG to give landholders and Traditional Owners a legal right to refuse access to mining and gas companies.

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I am writing to ask that all Australian governments reach agreement at the COAG Energy Council meeting on the 4th December to give landholders and traditional owners the legal right to refuse access to coal and unconventional gas mining companies.

The current legal right to forced entry provided to mining companies sets up a power imbalance that allows them to intimidate and coerce landholders into inequitable agreements.

The consequences of this have been seen in the extreme distress experienced by many affected people across the country.

Providing landholders with the right to say no to mining would not change or interfere with the state royalty regime in any way, and does not infringe on any state rights.

It is simply a measure to ensure that the threat of legal action cannot be used by multi-national mining corporations to bully and coerce farmers and Traditional Owners into providing access.

We cannot afford, and we categorically do not accept, any more harm or loss of life to rural and regional Australians as a result of the actions of mining corporations.

Removing the legal right of entry to mining companies means that they will have to deal fairly and negotiate in good faith, in order to gain access, without recourse to bullying and standover tactics.

Therefore, I call on all Australian Governments to:

1.	Reach an agreement at COAG to legislate the legal right for landholders and Traditional Owners to say ‘no’ to access by coal and unconventional gas mining companies.

2.	Provide state and territory governments six months to deliver legislative changes to that effect, and if they are not forthcoming, create national legislation using relevant powers.

3.	Immediately commission an inquiry by the ACCC, using powers it already has, to investigate whether the unconventional gas industry have engaged in unconscionable conduct in their dealings with landholders.

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