Fines for Mining Without Permission and for Hydraulic Fracturing
Landholders' Right to Refuse (Gas and Coal) Bill 2015
Private Member's BillSenate
House of Representatives
Assent
Topics
coal mining court procedures criminal penalties environment environmental protection fracking gas mining hydraulic fracturing land access land management land ownership land rights land use landowner rights mining +10 more
Introduced by: Senator Larissa Waters (GRN)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Constitutional corporations commit an offence if they mine for gas or coal without written permission from every land owner; they face fines of 5,000 penalty units (2026: $1,820,000) for each day the activity continues.
Constitutional corporations are banned from hydraulic fracturing; they face civil penalties of 50,000 penalty units (2026: $18,200,000).
Written authorisations for mining must include the parties' details; they must specify the activity and location; they must advise the landholder to seek independent advice.
Plaintiffs suing over unauthorised mining can seek injunctions; the court must order the defendant to pay the plaintiff's costs unless the case was baseless.
The Environment Minister and interested persons can apply for court injunctions to stop hydraulic fracturing.
The Environment Minister can ask the Federal Court to order a wrongdoer to pay a financial penalty within six years of a breach.
Corporations are responsible for the actions of their employees or agents if they act within their authority.
The Federal Court cannot order a civil penalty if the person has already been convicted of a criminal offence for the same conduct.
Courts cannot use evidence in criminal proceedings if that same information was already given during a civil penalty case for the same conduct.