“A TRAIN wreck, acid bath for the rights of landholders” is how rural consultant George Houen described proposed mining legislation changes on Tuesday.
Mr Houen was one of the speakers at a public hearing in Toowoomba regarding whether the proposed Mineral and Energy Resources (Common Provisions) Bill 2014 should be passed by State Parliament.
Landholders, natural resource management and industry groups as well as solicitors made up the close to 80 attendees at the meeting.
A further two public consultations were held in Mackay and Townsville on Wednesday, conducted by the Agriculture, Resources and Environment Committee (AREC).
Dalby-based lawyer Peter Shannon described the proposed legislation as a “fundamental intrusion into rights and natural justice”.
Mr Shannon has been a Darling Downs resident for more than 30 years and works for Shine Lawyers on coal seam gas and natural resource cases.
“To me, this is an incredible affront to the principles of natural justice; you can’t get anything more fundamental than removing the right to object to something that’s going to have an enormous impact on your lifestyle or the community’s right to object to things that will affect them,” he said.
Mr Shannon said the committee was tasked with preserving democratic principles and described them as being like a parliamentary upper house.
When looking at the consolidation of the five existing pieces of legislation, he said it was important to look at what was being removed.
“The government is removing from the process some fundamental principles that need to be addressed, including general public interest, it’s moving it over to purely environmental considerations and that’s not good enough,” he said.
“At the moment community and individuals have a right to have a say, to object and have the court assess those objections – that is going to be removed.
"All that will be left is for those very few that manage to jump in on an EIS submission and get all their facts right from the very get-go will be able to influence the terms of the licence. It’s an enormous intrusion and to say that there is still a process available is just ludicrous, it’s wrong.”
AREC chairman and LNP Member for Lockyer Ian Rickuss denied that the outcome of the bill was a foregone conclusion.
Mr Rickuss said land access, clarification of distances, rights of neighbours to object and discussions about catchments were some of the key points raised.
“I think quite a number of the speakers earlier in the piece said they are supportive of the reduction of red tape, which this is of course,” he said.
“Some of it has got to be managed as well – whether people are feeling they are losing some rights and that always burrs people up; people don’t want their democratic rights taken away.
“How much is reduction of red tape and how much is reduction of rights? They are the points that need to be answered and they are some of the points that we will be asking for some clarification along.”
AREC member and Labor Member for South Brisbane Jackie Trad said it was clear that the community had deep, deep concerns about some of the provisions in the bill.
Ms Trad has been a part of AREC since May 2012 and said if the government was listening then it would put the brakes on the proposed legislation.
“I’m incredibly sympathetic to the position put forward by many of the people and locals here that the consultation around this particular bill hasn’t been sufficient,” she said.
“When you think about the extent or ramifications, the long-term consequences of this bill on landowners, I think we owe it to the Queensland rural and regional community to put a bit more time into this bill than what has been proposed.”