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March 3, 2021

Council CSG stand legal

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NOROC commissioned the advice from Sydney law firm Marylou Potts earlier this year after some member councils passed resolutions against CSG mining on council land. This week it decided to release the advice to the public.

But the advice has surprised some of the councils themselves, who it appears may have rights to prevent miners using council-owned roads.

It says a council can refuse a coal-seam gas company access under provisions of the state Petroleum (Onshore) Act and the Roads Act.

The legal reasoning, which hinges on the use of the term ‘improvements’ to describe the roads, would not apply if the project had been declared ‘state significant’.

 


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2 COMMENTS

  1. Ok…. Good… So we’d best keep our local councillors (and State politicians) well informed regarding our attitudes and intentions towards CSG, then, eh?

  2. Unfortunately, the press continue to misread the advice provided to NOROC. The powers held by councils under the Petroleum (Onshore) Act to protect improvements on their land, continue regardless of whether the project is declared state significant.

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