In early July Centennial Coal said they had identified thirty properties that they would be approaching within the next few weeks regarding exploration drilling.
Negotiating Access Agreements is a really important issue that every landholder needs to be aware of. Before you let anyone onto your property to do any kind of exploration you should have a signed written access agreement.
There are lots of issues that should be covered in this agreement – probably a lot more than you realise.
KEY POINTS ON EXPLORATION ACCESS AGREEMENTS
1. Develop your own agreement. You DO NOT have to use the mining company’s.
2. You have the right to negotiate your agreement. These negotiations can take some time and only after negotiations have failed, does either party have the right to take it to arbitration.
3. Get legal advice. The mining party must pay for initial advice, and this clause should be included in your access agreement.
4. Make sure the agreement is for a set period. One year is the norm. Do not leave it open ended.
5. Make sure the agreement spells out exactly what type of exploration will be carried out, with all the technical specifications of bore drill size and so on.
6. Make sure proper capping of bore holes, and the method to be used is spelled out.
7. Consider getting together with other landholders to negotiate an access agreement – or request to have your lawyer present at discussions. Remember, the mining company has lots of experience in negotiating these agreements and you don’t.
8. You do not have to be silent about being approached for exploration access and you do not have to sign a confidential agreement. The interests of the community are better protected if all dealings are open and transparent.
NSW Farmers Association have done a lot of work on this and we recommend you use their template. Read through this template as it will make you aware of many issues you might not have thought of. The template is available to NSW Farmers members on www.nswfarmers.org.au . If you are not a member, you could consider becoming just an associate member. Note, if you are under 35 you can join for free. Otherwise contact Prudie on 63 588 213 for more information on the template. We can’t stress enough how important it is to protect yourself with a thorough Access Agreement designed to suit your (not the mining company’s) interests.
CENTENNIAL COAL is subject to takeover by a Thai company, Banpu. It will probably be some months before this is finalised and we find out if it makes any difference to our area.
OTHER COAL ISSUES
A strategic plan for coal in NSW has just been announced by the NSW Government. The Ministerial Cabinet Sub-Committee, to be chaired by Tony Kelly, will bring together the portfolios of Planning, Infrastructure and Lands, Health, Treasury, Environment, Climate Change and Water, and Industry and Investment. This has been long coming and, as NSW Farmers’ Association Mining Taskforce Chair Fiona Simson says “Such a strategic plan, if it is based on scientific information regarding impacts on groundwater and other key natural resources, would help resolve current conflicts regarding coal development and help ensure balanced outcomes for regional communities.”
Mid-Western Regional Council has approached Dept of Planning for financial assistance to undertake a study of the impact of mining in MWRC area. There are many areas of concern including water, traffic, businesses losing employees to the mines and impact on lifestyles.
Mt Airly Mine - Centennial is now wanting to build a $40million washery for export coal and is applying for a 250 mega litre bore licence. Which aquifer will this affect? Submissions to be in by Aug. 6 (DA 162/91, Commission of Enquiry)
Charbon Colliery – The Department of the Environment, Water, Heritage and the Arts has decided that Centennial’s proposed extension of Charbon Colliery requires assessment and approval under the EPBC Act before it can proceed. The reason for this is that there are 26 threatened flora and fauna species in the area and 2 endangered ecological communities (EEC).
WHAT THE COMMITTEE HAS BEEN DOING
• Meeting with representatives of Centennial Coal.
• Writing letters to all relevant Government Ministers, asking that a full hydrological study is done BEFORE exploration drilling.
• Meeting with politicians and familiarising them with the area
• Outreach through an afternoon tea held at Foxwood Farm Café, Running Stream (July 10) The aim of this ‘Focus Meeting’ was for the Association to meet with non-members in the area to hear their concerns. In attendance was Mid Western Regional Councillor and local landowner Esme Martens who shared concerns about the impact of coal mining at what she described as “the Gateway to the Mid West”.
• Organising a public meeting with Centennial Coal – 4pm Friday 6 August. We are aiming to collate questions from the community and give them to Centennial beforehand to ensure all major concerns are addressed. Please ring Prudie Woods on 63588213 or email runningsteam2850@gmail.com with your question.
• Working with NSW Farmers’ Association to have the Dept of Planning set up a Community Consultative Committee for the Inglenook Project. If you are interested in being on this committee ring Prudie on 63588213 or email runningsteam2850@gmail.com
ASSOCIATION HOUSEKEEPING MATTERS
New President and Secretary: Due to commitments which leave him unable to devote the necessary time to RSWUA, Peter Knowland has resigned as President. Under the constitution the Committee is empowered to fill any casual vacancies and so appointed Jolieske Lips as interim President till the next Special or Annual General Meeting. Prudie Woods was then appointed to the Committee and the position of Secretary. We thank Peter for his great contribution over the years. Peter remains on the Committee providing a key role as our Sydney rep and he will continue his generous support of the Association by doing most of our printing. We welcome Prudie – her presence has given the Committee a new burst of energy!
Website: In an effort to improve communications we have set up a Blog (a cheap, easy alternative to a full blown website) where we can post articles and other useful information for our members. Check it out on runningstream2850.blogspot.com. Put it in your favourites or set it up as a feed, so you will know whenever there is a new posting. If you would like email notification of when there is a new posting contact the Webmaster (see contacts, on the right hand side of the site).
If you aren’t very computer savvy ask a family member or close friend to check the site regularly for you, so you can keep up with the news. Sending out printed newsletters takes much more time for volunteers who are already stretched and is more costly, so we do urge you to get familiar with the Blog. We will however continue to send out occasional newsletters.
New Constitution for Incorporated Associations: On 1 July 2010 new legislation came into force which means we will need to revise our constitution. We have a year to do this, so we propose to hold a meeting when it gets a little warmer to discuss the options and vote on a new constitution.
Another Snippet of Information: Do you know about the Environmental Defender’s Office (NSW)? The EDO offers free environmental law advice: 2.30-5.30 Tuesday, Wednesday, Thursday 1800 626 239 or 9262 6989.
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