PRESIDENT'S Column

By Gary Sansom

President

10 Dec 2009 New Mining land access framework a good first step

The State Government last week moved a small step closer to delivering an appropriate land access strategy and delivering on its commitment to introduce new measures to improve relationships between farmers and resource companies. In his announcement last week the Minister for Natural Resources, Mines and Energy Stephen Robertson said proposed changes to current land access requirements will be pivotal in creating a more equitable regime for explorers and farmers in the future.

The fact that the new framework took one year longer than originally committed too was disappointing but the outcome should deliver some hope for a better outcome for farmers in negotiating future land access arrangements with exploration companies.

However the task is far from complete, as Cabinet has only approved the preparation of legislative amendments that provide for a more consistent and transparent process that will improve landholders’ rights when their land is accessed for exploration. Pivotal to the changes will be the implementation of a legislative code of conduct to underpin explorers’ activities on lands. These amendments are required to put in place to give a clear message of acceptable and consistent practice. History tells us that in many places extractive resource companies and farmers have worked well together but there is not doubt what so ever that this is not universally the case.

The framework announced by the Minister last week has come about following constructive discussions with the peak mining and agricultural groups over a period of more than 12 months. The Government also held Resource Community Summits in late 2008 and QFF participated in a Working Group to develop a Land Access Policy Framework, which contains the single land access Code of Conduct for all resource sectors, and guidelines for standard agreements between parties to make negotiations simpler. This Cabinet decision will begin the process of drafting amendments to give effect to the work so far – and not a moment too soon.

QFF is concerned that that existing draft agreements that landholders may be asked to enter into should follow the guidelines the Cabinet has requested be enshrined in future legislation. Without filling this gap a rush of negotiations while amendments are being drafted could leave many landholders significantly disadvantaged. To assist with the transition to the new scheme QFF will be discussing with the Government the need to require current negotiations to take account of the issues already identified, particularly in relation to those issues around fair and reasonable conduct. In the mean time farmers who are currently negotiating with companies should make themselves aware of the proposed changes and raise them in their discussions.

Of course the biggest issue still remains the management of the conflict between extractive industries who want to access farms for exploration and farmers who should have a right and the security of continuing to farm. QFF has been working with the Government and a number of producer groups to highlight this issue and it is expected that a Government position on this issue should be imminent. Again this is long overdue and swift action and implementation will be required to ensure that the policy does not miss the window around the current exploration bonanza.

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