Criminal offence for constitutional corporations to mine for gas or coal without landholder consent
Landholders’ Right to Refuse (Gas and Coal) Bill 2015
Private Member's Bill1st House
2nd House
Law
Introduced by: 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 for each day the activity continues.
Constitutional corporations are banned from hydraulic fracturing; they face civil penalties of 50,000 penalty units.
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.