YOUR LAND RIGHTS ARE NOW UNDER THREAT! Urgent and Important Dear Friends, I am writing to you about a matter that is critically important to you and to all landholders throughout the State. Your land rights, LIMITED AS THEY MAY BE, are now under direct further threat from the NSW Government. We have to act swiftly, there is not a great deal of time, but if we do unite quickly we may be successful in averting the pending disaster, and perhaps if we are well organised we may even recover some of our lost rights. BACKGROUND On the 22nd May, the NSW Coalition Government rammed an unannounced 74-page package of changes to the Petroleum (Onshore) Act 1991, through the Legislative Assembly (the Lower House). There was no advance notice, nor was there any form community consultation. The Petroleum (Onshore) Act 1991 is the State law that governs access on to your property by exploration and coal seam gas mining companies. We understand that the NSW Farmers Federation was the only organisation that was informed about some of the proposed changes and they were briefed on the day that the legislation was introduced into the Lower House by the NSW Energy Minister, Chris Hartcher. On 12 June, President of the NSW Farmers, Fiona Simson has said: “We were briefed by government on what we believed to be the amendments, in full, on the very day that the amendments were introduced into the Lower House. On that day we were provided with a brief summary on the compliance and enforcement provisions of the Bill as well as a verbal update on other various amendments” We were not however supplied with a copy of the Bill in full and now upon reviewing the entire Bill find that there is more to these amendments than what we were initially told. Whether this was an oversight or intentional is not clear but the fact now remains that NSW Farmers and other interest groups were grossly overlooked on this issue. One area that the amendment Bill provides for are permits for ‘environmental assessment’ and other activity which allows the entering of private land for the purposes of the assessment but does not explicitly require the landholders permission to carry out these assessments. Exactly what activities an ‘environmental assessment’ includes is also not clear.” She also said: • “the amendments are being passed off as minor in nature and merely bringing the Petroleum (Onshore) Act 1991 into line with the Mining Act 1992.” • “NSW Farmers contends that the changes do in fact include some substantial changes to landholder rights” WHERE ARE WE NOW? The Bill has now been passed in the Lower House and it was due to be debated in the Upper House, where the Government does not have a majority and has to rely on the support of the Fishers and Shooters Party (2) and the Christian Democrats (2). Composition of the NSW Upper House: PARTY SEATS HELD • Australian Labor Party 14 • Liberal Party of Australia 12 • National Party of Australia 7 • Greens New South Wales 5 • Shooters and Fishers Party 2 • Christian Democratic Party 2 Subsequently a massive public outcry emerged from community groups throughout the State including the Alliance, which forced the delay of the Bill being debated in the Legislative Council (the Upper House). On 21st June, whilst appearing on the Alan Jones Show in Sydney, the NSW Premier, Mr Barry O’Farrell, announced that the Petroleum (Onshore) Act 1991, the Bill that has now been described as the ‘CSG Exploration by Stealth Legislation’, will now not be debated in the NSW Upper House until after the State Parliament resumes on 24 August. So there is some time and there is hope! CONSEQUENCES If this Bill is passed, then one of the most serious consequences to all landholders will be that these companies will have the right to access properties without the owner’s permission to conduct what has been described as “environmental assessments”. At this stage, no one, properly understands what this term “environmental assessments” means, there is no definition! Clearly, the access on to your property for “environmental assessments” can and will be abused, its just too easy! Under the current law you still have a right to refuse access “at your gate”. We believe that these new amendments are designed to “unlock your gate.” YOUR CURRENT RIGHTS If an exploration or mining company wants to come on to your property then they have to give you notice, after which you have the right to contest the “access” through what is termed as “arbitration”. If you don’t challenge the “access” through “arbitration” then a court order may be issued and you may be forced to allow “access” to the company. If you do challenge the “access” through “arbitration” then you still do have some rights to negotiate the conditions under which “access” can be permitted. Some of these conditions may be quite considerable, depending on your property and your circumstances and your legal advice. The Alliance is doing some research work on the subject of negotiating access. The Alliance can provide some briefing notes, but good quality legal advice is essential. As an example, the cost of your legal advice can be negotiated into the “access” agreement as a pre-condition. Whilst we acknowledge that the current law is far from ideal, the fact is that you still have some rights. The government wants to remove those rights, your rights. The Manning Alliance wants to save these rights and then build a case to enhance and increase your rights over your own property, and particularly, to secure the right for you to deny access. ALLIANCE MEDIA RELEASES In previous Media Releases we have stated: This is just another example of a cunning, perfidious and premeditated attack on the rights and freedoms of our landholders. This is an unequivocal declaration of war on the rural community of New South Wales. The Government in concert with the Mining industry are intentionally opening up a fresh new front on landholder rights and in the process they are deliberately blasting out a very loud and clear message to the CSG Industry in NSW that the Coalition is open for business. By not publicly announcing these changes the NSW Government is holding the people of this State and the community of this Valley in total and utter contempt. Our Local Member, Stephen Bromhead must come forward and explain to the people of this electorate why he voted to remove landholders’ rights and to incite another mass charge by exploration companies to persecute the people of the Valley. When you raise children you are expected to teach them to think about their actions and to carefully consider the consequences of their actions – Well, who actually thought through the consequences of these new proposed amendments, changes that will mean a wholesale attack on thousands of landholders throughout the State = The mining companies! If this bill is passed by the Upper House, exploration companies may now be in a position to literally go door to door with a drilling rig asserting their rights to come onto a property to conduct “environmental assessments” which may include sinking boreholes and monitoring wells”. Very economically efficient for the exploration company! If this is not the case, then why the indecent urgency? Why the lack of due proper process and public consultation? The Government has bowed to the ruthless and greedy CSG companies and they are sending an open and “gold platted” invitation to all those two dollar exploration companies throughout the State, to get out there and explore away with impunity – nothing will be safe, nothing will be sacred! Over 90% of the State is covered in various mining exploration licences, now the CSG explorers will have a field day. So people had better get ready for more low flying aircraft swooping over their properties; helicopters buzzing around trying to land, and for that dreaded knock on the door, to tell you that the exploration company is in the region and is coming on to your property to conduct “environmental assessments”. The Alliance will now use this additional time to extensively engage in a public debate with the community of the Manning Valley over landholder rights. This is a critically serious matter with widespread consequences for our entire community and as such we should all participate in the debate and carefully consider the question: ‘Do we want landholders to have the right to say no to mining companies?’ MINING COMPANIES POSITION Significantly, a number of the more respectable major companies have previously made public declarations that they would not force themselves on landholders in NSW. However times have changed, and now there are different imperatives and the race is on greater share’s of the States resources. The key point is that “exploration companies” have not made this commitment. These proposed changes will shift the goal posts further in favour of the mining companies and provide the incentive for them to abandon their prior commitments not to intrude without an invitation and will only serve to fuel the efforts of the exploration companies who are already in a highly competitive contest to sell their “finds” to the major players, before the money runs out. Therefore any further diminution of landholder rights can only be interpreted as a direct message to the entire industry that the NSW Government wants to amplify and accelerate mining exploration in the State. EXPLORATION COMPANIES The role of exploration companies is to find mineral and gas deposits, quantify the potential value of the resource and then sell it off as quickly as possible to a mining company or a larger investor and move on to the next opportunity, these amendments will facilitate and accelerate that process. A classic example is that of Eastern Star (a company with a $10 million market capitalisation at the time) which sold 80% of their coal seam gas permits to Santos for $739 million. We fear that these changes to the law will lead to a more advanced form of antagonistic CSG exploration wherein the exploration companies who are already engaged in a frenzied competition to saturate the state with exploration will be competing more aggressively against each other to quickly quantify the value of the resources under their licences and quickly sell them off to the production companies who are also already competing for greater share and control of the States CSG resources. There is a limit to the available investment capital for CSG, so the mining (production) companies now want better quality information from the explorers before they commit to the hundreds of millions of dollars of investment. We have recently seen a number of large projects cancelled. As quality information becomes more critical in the next stages of investment, so the exploration and mining companies will want (and are now demanding) greater and unimpeded access to landholders properties. POLL A recent poll conducted by Essential Media Communications has shown that 86% of the State’s population want to ‘Allow landowners to refuse to give mining companies access to their land’, and only 3% ‘strongly oppose’ the landholders right to say: “No!” Interestingly the poll showed irrefutable and conclusive support for landholders across the full spectrum of the community: 86% Total Support 82% of all Males 90% of all Females 85% of all Sydney residents 88% of all Regional residents 79% of all 18 - 24 year olds 77% of all 25 - 34 year olds 90% of all 35 – 54 year old 89% of all 55+ 82% of all Labor voters 87% of all Liberal voters OPPORTUNITY The Manning Alliance views this 2 month delay as a great opportunity for us to engage in a community conversation and publicly debate: “WHETHER LANDHOLDERS SHOULD HAVE THE RIGHT TO REFUSE ACCESS TO EXPLORATION AND MINING COMPANIES?” In this debate we should engage all our members of Parliaments. We should also clearly identify and annunciate other important issues regarding landholder rights to the Government. Please help us to engage in this conversation, this is an important form of democracy that we should use to emphasis our message to the politicians. THE TOWN HALL MEETING ON THE 18th JULY IS ONE OF THE IMPORTANT STEPS IN THE PROCESS. Please spread the word and join us on that night. Your support will make the difference. We beat Transgrid through Unity! HOW DO WE HAVE A PUBLIC CONVERSATION ABOUT LANDHOLDER RIGHTS? There are some very simple ways to do this: 1. Talk to your neighbours, friends, family about the issue and ask them to do the same. 2. Write to the politicians (as per list is attached) express your concerns, ask them questions, ask them to explain why the want to reduce or eliminate our limited rights. 3. Write a short letter to (or ring) the Manning River Times, The Wingham Chronicle, and ask them to publish more articles about this issue. 4. Write letters to the Editor: Manning River Times; The Wingham Chronicle; and The Sydney Morning Herald. 5. Ring our local radio stations and ask them to discuss and debate the issue on their programs with representatives of the Government (local members) and Community representatives, such as Directors of the Alliance. 6. Ring Prime 7 and NBN and ask them to do more stories regarding this issue. 7. Post comments on this Facebook page 8. Attend the Land Rights Forum on 18 July. 9. Sign Our Petition 10. Write to the Alliance and express your views and suggestions. 11. Please spread our poster around (see photos ‘Land Rights’) In this way we can both create awareness; get people full informed and talking about the issue. STATE-WIDE CAMPAIGN The Alliance will be encouraging and calling on all other community action groups throughout the State to host and conduct public forums on this critically important issue of landholder rights and we will be urging them to constructively engage with their State Members of Parliament; both Members of Legislative Assembly and with Members of the Legislative Council. It’s time to dust off those community halls and reinstate the most honest form of democracy – the town hall meeting. The Alliance is also calling on all sections of our local media as the responsible guardians of free speech and our democracy to stimulate the public conversation on this vitally important subject. We now have our chance and we should use this opportunity to have our say. POLITICIANS The Alliance will be inviting a number of politicians from all parties to attend our Forum and explain their positions to you. A special invitation will be extended to Mr Stephen Bromhead. It’s time to care! MEDIA CONTACT LISTS: PHONE: (and express your concern) Prime 7 Tel. 65528777 NBN Tel. 65510062 Manning River Times Tel. 65521988 Wingham Chronicle Tel. 65534844 Radio 2RE Tel. 65522100 office / 65510557 studio The Panel Program Tel. 65510557 Anthony Zanos Tel. 65510557 ABC Radio Tel. 65881211 Talkback Tel. 1300662279 SMS Tel. 0467922684 2Bob Radio Tel. 65526200 Stephen Bromhead Tel. 65554099 EMAIL: (and express your concern) Prime 7 [email protected] / [email protected] NBN 9 [email protected] Mr Bromhead’s Office [email protected] Manning River Times mail.mrtimes@ruralpress Wingham Chronicle mail.wchronice@ruralpress Radio 2RE • Anthony Zanos - [email protected] • Craig Huth - [email protected] • Kevin Rayment - [email protected] • Peter Denton - [email protected] ABC Radio 2Bob Radio [email protected] WRITE TO: (and express your concern) • Mr Bromhead’s Office Room F6 Bridgepoint Building, Lot 1-5 Manning Street Tuncurry NSW 2428 • Manning River Times 65 Manning Street, or PO Box 276 Taree NSW 2430 • Wingham Chronicle 63 Isabella Street, Wingham NSW 2429 POLITICIANS – IN ORDER OF IMPORTANCE ON THIS ISSUE! Please Contact: No.1 SHOOTERS AND FISHERS PARTY • Brown, Robert Shooters and Fishers Party member Phone (02) 9230 3059 Fax (02) 9230 2613 [email protected] • Borsak, Robert Shooters and Fishers Party member Phone (02) 9230 2850 Fax (02) 9230 2613 [email protected] No. 2 CHRISTIAN DEMOCRATIC PARTY (FRED NILE GROUP) • Nile, Fred Assistant President Christian Democratic Party (Fred Nile Group) member Phone (02) 9230 2478 Fax (02) 9230 2098 [email protected] • Green, Paul Temporary Chair of Committees Christian Democratic Party (Fred Nile Group) member Phone (02) 9230 3484 Fax (02) 9230 2342 [email protected] No. 3 THE GREENS • Buckingham, Jeremy The Greens member Phone (02) 9230 2202 Fax (02) 9230 3341 [email protected] No. 4 THE NATIONALS • Colless, Richard Deputy Government Whip in the Legislative Council The Nationals member Phone (02) 9230 2344 Fax (02) 9230 3579 [email protected] • Blair, Niall The Nationals member Phone (02) 9230 2467 Fax (02) 9230 2997 [email protected] • Gardiner, Jenny Deputy President and Chair of Committees The Nationals member Phone (02) 9230 2903 Fax (02) 9230 3408 [email protected] • Gay, Duncan Minister for Roads and Ports Deputy Leader of the Government in the Legislative Council Leader of the House in the Legislative Council The Nationals member Phone (02) 9228 5271 Fax (02) 9228 5499 [email protected] • Khan, Trevor Temporary Chair of Committees The Nationals member Phone (02) 9230 3491 Fax (02) 9230 3502 [email protected] • Mitchell, Sarah Temporary Chair of Committees The Nationals member Phone (02) 9230 3499 Fax (02) 9230 2348 [email protected] • Pavey, Melinda Parliamentary Secretary The Nationals member Phone (02) 9230 2977 Fax (02) 9230 2053 [email protected] No. 5 LABOR PARTY • Foley, Luke Shadow Minister for the Environment and Climate Change, Shadow Minister for Planning and Infrastructure, Leader of the Opposition in the Legislative Council Australian Labor Party member Phone (02) 9230 2927 Fax (02) 9230 3349 [email protected] • Primrose, Peter Australian Labor Party member Phone (02 9230 2686 Fax (02) 9230 3498 [email protected] • Veitch, Mick Shadow Minister for Trade and Investment, Shadow Minister for Regional Infrastructure and Services, Shadow Minister for Regional and Rural Affairs Australian Labor Party member Phone (02) 9230 2714 Fax (02) 9230 2840 [email protected]
Posted on: Tue, 02 Jul 2013 05:15:27 +0000
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