AN AMENDMENT to the Mining Act to provide farmer-initiated property buyout where mining had significantly impacted on the use of a farm was passed through Parliament on Tuesday. But, there is an exemption at the exploration stage.
The news follows farmer concern that key amendments to the Act - designed to level the playing field in disputes between farmers and mining companies - was not supported by the Liberal and Labor parties.
The amendment passed this week gives farmers the right to bring forth a compulsory acquisition if the mining on their property becomes such an impediment that they can no longer farm viably.
Family First MLC Robert Brokenshire said while having the amendment passed was a great gain for farmers, he had hoped the changes would have gone further.
"We moved amendments to the Mining (Miscellaneous) Amendment Bill because we had representation from constituents and SAFF saying there was great unhappiness with the workings of the Act," he said.
"The clear desire of farming representatives was to overhaul the Mining Act altogether. Even an independent opinion we got from a barrister was that the bias in the Warden's Court, due to the wording of the Act, is towards approval of mining ventures."
As a secondary alternative to re-writing the Act, Mr Brokenshire moved a host of amendments including highlighting groundwater as a major environmental concern, considering food security for all mining applications, a moratorium on further mining in the Greater Adelaide region and better notice about exploration to landholders.
"We are not opposed to mining but we are frustrated at how much attention mining gets when compared to agriculture," Mr Brokenshire said.
Mallee farmer Kevin Heidrich, Galga, went through two court cases, in 2003 and again in 2004, in a bid to stop the company, then known as Southern Titanium, mining on his property.
While the court ordered the company pay $3700/hectare for every ha affected by the mining company, Mr Heidrich said this did not go far enough.
But, all mining stopped after the company, which changed its name to Australian Zircon, was placed in the hands of an administrator in October 2009.
Mr Heidrich said the court cases were both stressful and time-consuming. He said protection for farmers against mining companies had to be improved.
* Full report in Stock Journal, November 11 issue.
