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.
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 the submission
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.