Landholders’ Right to Refuse (Gas and Coal) Bill 2015

High-Level Summary
The Landholders’ Right to Refuse (Gas and Coal) Bill 2015 proposes to grant Australian landholders the right to refuse gas and coal mining activities on their land and bans hydraulic fracturing (fracking) for coal seam gas, shale gas, and tight gas by constitutional corporations.

Summary
The bill affects the legal framework governing gas and coal mining in Australia by granting landholders the right to refuse such activities on their land. Specifically, it requires constitutional corporations to secure prior written authorization from landholders before commencing any exploration or production activities. It also makes it unlawful for these corporations to engage in hydraulic fracturing operations.

From the explanatory memo:
The Bill provides that it is an offence for constitutional corporations to engage in gas or coal mining activities without the landholder's prior written authorization and bans hydraulic fracturing operations. Landholders can take civil action against corporations violating these provisions, and the bill outlines penalties and injunctions applicable under the Federal Court.

Argument For
Normative Bases
  1. Environmentalism
  2. Non-Discrimination
  3. Pro-Democracy

The bill supports environmental preservation by banning hydraulic fracturing, a process known to pose significant risks to groundwater and ecosystems [Judgment]. It empowers landholders by recognizing their right to refuse mining activities that could disrupt their livelihoods, thus promoting democratic engagement and respecting property rights. By prioritizing landholder consent, the bill also ensures that decisions about land use are made equitably and transparently.


Argument Against
Normative Bases
  1. Propertarianism
  2. National Prestige/Patriotism

Opponents argue that the bill could hinder economic growth and energy development, as it imposes additional regulatory burdens on the mining sector. This might deter investment in gas and coal industries, which are vital components of the national economy [Judgment]. Furthermore, restricting these industries could impact national energy security and reduce Australia's influence in global energy markets.


Date:

2015-03-04

Chamber:

Senate

Status:

Before Senate

Sponsor:

WATERS, Sen Larissa

Portfolio:

Unspecified

Categories:

Climate Change / Environment, Discrimination / Human Rights, Energy Policy

Timeline:
04/03/2015
23/07/2025

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