Earlier this month the Land and Environment Court of NSW upheld an appeal which will block land access for Hume Coal to explore for coal in the Southern Highlands of the state based on Section 31 of the Mining Act 1992.

Justice Preston ruled that fields with crops or equestrian facilities were the product of labour and could therefore be regarded as “significant improvements”

While Hume Coal was disappointed by the decision, the progress of the Environmental Impact Statement is continuing, with the aim of submitting to the government later this year, it said.

Hume Coal is continuing to seek approval of the project which will provide 300 permanent jobs, boost the local economy and benefit the state of NSW Duncan said.

“We will ensure our proposed development is economically, socially and environmentally sustainable, and provides much needed economic growth for the region” he said.

Land access for exploration and mining companies has been an ongoing issue in NSW for decades, according to Duncan.

“It’s now a matter of urgency and up to the State Government to take this issue seriously and implement changes to the legislation which clarify the rights of landowners, explorers and ultimately investors in NSW,” he said.

The s31 Appeal Decision did not even address an earlier decision by Sheahan J in Hume Coal Pty Limited v Alexander (No 3) [2013] NSWLEC 58 that is clearly inconsistent with the s31 Appeal Decision, leaving the NSW mining law jurisprudence in disarray, according to Hume.

In 2014, Bret Walker SC was commissioned by the NSW Government to undertake a review on the land access. Walker SC came up with 32 recommendations, of which several pertained to ‘significant improvements’

Duncan said the ball is now in the State Government’s court. If government are looking for investment in NSW to continue, they must address the legislation with a matter of urgency.