The Queensland Australian Lawyer Alliance Committee has announced the introduction of an Environmental and Earth Rights special interest group (SIG). In justifying the need to implement the Bill, the government (erroneously) claims that individuals and groups have been deliberately lodging objections to delay or obstruct mining projects. However, there is no evidence of delay or disruption using the Land Court mining objection process. The courts already have strict rules to deal with vexatious litigants lodging objections without a proper basis and mining companies are entitled to apply to strike out an objection in such circumstances. Of most concern are the following provisions of the Bill which propose that: only ‘affected persons’ will be able to object to the decision to grant a mining lease tenure. This does not even include neighbours, unless their land is needed for access (clauses 418 and 420); only ‘high risk’ mines will be publicly notified for objection on environmental grounds which is predicted to be only 10 per cent of mines in Queensland. This means that for 90 per cent of mines, existing public objection rights will be lost (clause 245); and landholder consent provisions currently in place for ‘restricted land’ (basically, land nearby to homes and businesses) will be totally removed where the proposed mine is open cut (clause 429). lawyersalliance.au/opinion/a-voice-against-threats-to-mining-objection-rights-in-qld
Posted on: Mon, 04 Aug 2014 23:20:38 +0000
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