Originally Posted by Dale Stiller on Evacuation Grounds
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Qld parliament AREC Chair Ian Rickuss & Deputy Chair Jackie Trand. Photo sourced Qld Country Life |
On behalf of property Rights
Australia, chair Joanne Rea appeared before hearing at MacKay 20th
August into the Mineral & Energy Resources (Common
Provisions) Bill. The following is Joanne's opening statement to the
Agriculture, Resources and Environment Committee
Property Rights Australia believes that this Bill severely erodes many of the protections and rights of landowners for the benefit of resources industries. In fact we believe it to be one of the greatest abrogations of landowner rights since the Vegetation Management Act 1999.
Property Rights Australia believes that this Bill severely erodes many of the protections and rights of landowners for the benefit of resources industries. In fact we believe it to be one of the greatest abrogations of landowner rights since the Vegetation Management Act 1999.
Some of our concerns are outlined in our
submission but it is not exhaustive. They are
concerns that are shared by many landowner representatives and by legal
professionals specialising in representing landowners. PRA highly recommends
thesubmission
by Shine lawyers.
We have heard the Premier and Ministers say, when asked about landowner
concerns that the resources companies and related infrastructure will create
very many jobs and the royalties will fund infrastructure. Such statements
imply that resource development and landowner concerns are mutually exclusive.
This is not the case.
We are constantly told of the billions of dollars in revenue which
will benefit the state and we are well aware of the above average wages and
conditions paid to mine workers and contractors. However, landowners are
approached with an attitude of penury and meanness.
If resource companies want a relatively trouble free path they should
approach landowners with a fair offer of recompense from the beginning, negotiate in
good faith, not waste their time, apply pressure, bully, ignore
concerns, renege on agreements and use various other bluff and deception
tactics. They should also be mindful of local knowledge. Lobbying Government
for changes to legislation which erode the rights of landowners because they
are getting resistance to their unfair tactics is unacceptable.
Landowners feel that they have been thrown to the wolves with the lack
of protection of their property rights under pieces of legislation like this.
Commercial agreements alone are not possible without built in protection when
one party to negotiations is an unwilling party whose time commitment is a cost
and the companies who have full time paid professionals. This factor is
frequently taken advantage of.
The balance of power in negotiations with resource companies has always
been in favour of the resource companies and changes to legislation including
those in this Bill have eroded almost every bargaining chip landowners may have
had and handed the entire box and dice to the resources companies.
The superior fire power of the resources sector has won the day with
this proposed legislation and the property rights of landowners are being
disregarded. This is not the treatment that we expect from any Government which
should be should be concerned about private property rights which are the
cornerstone of our free market system.
All in all there is too much left to regulation rather than in the
legislation, there are too many things which are not defined and landowner’s
rights have been severely curtailed. This legislation should be deferred and
taken back to the drawing board. It is entirely inappropriate that resource
companies have damaged their own reputations as honest and good faith
negotiators and then ask the government to fix their problems by legislation
which damages landowner’s rights to the enjoyment of their property. It is very
obvious that this legislation was “industry directed” for the benefit of
resources companies and that landowner rights will be severely damaged. PRA
does not support the further erosion of property rights by yet another
government. It would appear that there are no major parties whose philosophical
principle is to uncompromisingly to protect private property rights, a valuable
and recognised cornerstone of our society and the ability of businesses to
operate securely.