INCREASING recognition of the rights of graingrowers as landowners is at the centre of Grain Producers SA’s submission to the state government’s review of SA mining laws.
Submissions closed last month in the state government’s Leading Practice Mining Acts Review – conducted by the Department of State Development.
Given only 4.6 per cent of SA’s land is available for cultivation and agricultural production, the ability to be able to protect this land for future production is a priority for GPSA.
Grain Producers SA chief executive officer Darren Arney says farmers have been hard done by for many years under present arrangements and GPSA’s submission highlights what it believes are deficiencies in the Mining Act 1971 and regulations.
“We see this as an opportunity to begin discussion with DSD and others about our views on how the Mining Act must be improved to better acknowledge the rights of landowners and the production value of our industry to the state’s economy,” he said.
“Primary production generates $18.6 billion a year in revenue with an estimated $40b invested in SA in freehold land.
“While GPSA continues to support the state government’s strategic priority of ‘premium food and wine from our clean environment’, we hope this is reflected in the review process as changes to important legislation are made.”
GPSA is seeking the following changes to the Mining Act 1971:
- Landholders should have the right of veto, so new exploration or a mine cannot proceed without the approval of the landowner.
- All court costs and other costs incurred by the landowner should be met by the miner.
- Mining companies should pay an uplift above market rates of at least three times the market value for the property. Landowners of adjacent land who believe their properties will be devalued should also be compensated at the same rate.
- A proportion of royalties over and above the state’s allocation should be given back to the community based on the economic value of the land. This would recognise the productive capacity of the land that will be lost and acknowledge the investment made by the community in establishing and maintaining infrastructure.
- There should be enforceable timeframes for mines to be up and running with no extensions, giving landowners certainty to develop or exit their businesses.
- The required Program for Environment Protection and Rehabilitation should be broadened to include a social, environmental and economic assessment to include the impacts on the business and community.
- The compliance powers of government should be increased to compel mining companies to meet their obligations, funded by the miners on a cost‐recovery basis.
In addition, GPSA is seeking a new, government‐funded role of ‘mining industry executive manager’ to be situated within Primary Producers SA.
This independent role will provide information and support to farmers faced with exploration or mining land access issues and providing a direct link for answers.
“GPSA still holds concerns about the timing of the review and the rushed nature of the consultation process, where feedback was sought during a record harvest – also grain producers’ busiest time of year,” Mr Arney said.
“We also would have preferred the review be conducted by an independent panel, as given DSD’s role as both promoter and regulator of the mining industry, we feel that independence cannot be guaranteed.”
- Details: grainproducerssa.com.au