The fundamental injustice of the Mineral Resources Development Act 1995

Image, HERE

The fundamental injustice of the Mineral Resources Development Act 1995 arises from the way the state government grants these exploration licences without first contacting affected landowners.

Instead an advert is just put in the newspaper under Public Notices; making landowners aware that a private exploration company is about to be given a 5 year licence to enter private land.

The landowner has two weeks notice.

Objecting to the exploration licence being granted costs $39 and the landowner who objects also runs the risk of having to pay the mining company’s extensive legal bills if the objection is unsuccessful as assessed by a magistrate.

Definitely a system set up to favour big business rather than Tasmania’s private landowners.

But there is a section of the state legislation that is to the property owner’s advantage, such that the mining exploration companies would prefer it were not widely known; the essence of it is – as I understand it – that landowners should never give permission unless the holder of the mineral exploration licence has disclosed what the landowners’ rights are, e.g. as provided for under section 19 (see below) …