THE Limestone Coast Protection Alliance has praised a first-term Liberal MP who has declared he will cross the floor on his party’s proposed mining legislation amendments.
Member for Narungga Fraser Ellis, who represents the Yorke Peninsula, told State Parliament he would “find it very difficult” to support the Liberal Government’s Mining Bill without further protections for landowners.
Under current state law, a farmer has no right of veto on exploration or mining on their land.
The legislation allows mining and exploration companies to take landholders to court if they are refused entry.
The backbencher told the house of a farming couple in his electorate who had been locked in a two-year courtroom battle over access to their farmland.
“Of the 22 court-ordered conditions, the mining company failed to meet a litany of them, including failing to rehabilitate compaction on the land, drilling more holes than the court allowed and refusing to pay the correct compensation thereafter,” Mr Ellis said.
“I find it extraordinary this company received barely a slap on the wrist in this case and was allowed to continue drilling and operating as if nothing had happened.”
Mr Ellis, a long-time advocate of legislative reform, said his support for the act was contingent on stronger protections for prime farming land.
He called for an independent regulator for the mining industry, an idea shared by Limestone Coast Protection Alliance chair Angus Ralton.
“For these projects to be properly scruitinised and evaluated against agriculture, we need to have an independent mining ombudsman,” Mr Ralton said.
“I do not understand how the government can be the cop on the beat responsible for keeping these companies in line and also be fair and balanced in any dispute.
“It is impossible and history shows it favours the mining industry ahead of farmers.”
Mr Ralton said the law was “heavily weighted” in favour of mining companies, with farmers mostly unsuccessful when challenged in court.
“This is a problem that affects every agricultural community where a mining or petroleum company believes there are resources in that area,” he said.
“They can do whatever they want.
“The law, the courts and all the relevant acts are on the side of the industry and there needs to be a balancing of this approach.
“We need to get to a point where agriculture needs to be protected and we need to include an agricultural exclusion zone in the act.
“Time and time again, with the support of governments across the political spectrum, mining companies run over landowners and pay them scant regard just to get what they want.
“There is no resource for affected landowners as the government has a conflict of interest as they are the regulator and the proponents of mining leases and activities.”
Ahead of the state election, the Liberal Party pledged to undertake community consultation on the mining act before introducing amendments in parliament.
The introduction of the act in August prompted outrage from farmers across the state who say they have not been consulted on the new bill.
Mr Ellis’ constituents are calling on the State Government to delay the parliamentary debate, which may take place early next month and during harvest season to allow for broader consultation.
