Keep Miners Off Your Property

Most people try to avoid lawyers because of the costs but when a CSG company approaches a landholder for access to their property they are advised by the gas companies to seek legal advice. Queensland grazier Jo Hill disagrees.

‘Why spend good, hard earned money on a solicitor when you can put up a no trespass sign for $150. The gas companies have signs on their freehold country so if it’s good enough for them it’s good enough for me. When a gas company rings up, you say, “You know my address, put it in writing,” and hang up the phone. You haven’t got to talk to them and they can’t make you. If you don’t want to sign an agreement they can’t force you to, and it is not an offence not to sign one. We’ve got all the right, they have no right.’

People have been bullied into believing that they are powerless to stop gas companies from drilling on their properties. Landholders are advised that all they can do is get a solicitor to draw up an access agreement and negotiate the best financial compensation package. ‘That’s not right,’ said Joe. ‘When you own freehold land nobody, be it federal, state or local government can come on your land without your permission and that applies to the RSPCA and the police too. Everything in the constitution is still valid today. When you have freehold land you have three instruments to protect you, Deeds in Fee Simple, the Magna Carta (1215) and the Bill of Rights (1688/9) and they all still exist.

The High Court of Australia’s case of Plenty v Dillon in South Australia in 1991 confirmed that a landholder has a right to exclude others from entering their land as a trespasser. Police Constables Dillon and Willis went onto Mr Plenty’s farm to serve a summons. The Court concluded that as the landowner had not consented to the police officers entering the premises, the police officers were trespassing.