Members Legal Advice etc

For Members and Friends of The Wybong

Members are able to use this page to access general legal opinion and support and are able to post (email) questions that may form the basis for further legal advice to be sought and posted to the page.

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ATTENTION - RIDGELANDS COAL ELA LANDOWNERS, RESIDENTS & OCCUPIERS

Ridgelands Coal Exploration Lease Area - DPI received Expressions of Interest from Xstrata Coal NSW Pty Ltd and Botai Consortium (Botai Investment Group Co Ltd 70% and Qinhe Energy Group Co Ltd 30%). The Ridgelands Coal ELA tender has not yet been awarded to either tenderer. 15 October 2009.

Given that two applicants have applied for the Ridgelands Coal ELA tender this time around it is more likely than previous that approval for exploration may be given.

Once an ELA is awarded and approved a thirty day objection period usually applies. Certain rights are ONLY available to be claimed by persons/entities affected during this initial objection period that are not available thereafter.

It is important that ALL landowners, residents and occupiers given notice to the Department of Primary Industries of opposition to the exploration lease asap so as to:

secure the right to direct input into the planning process, and
secure the right to "solatium" payments in the event that their land or interest may be later sought to be acquired.

("solatium" means compensation to a person for non-financial disadvantage resulting from the necessity of the person to relocate his or her principal place of residence as a result of the acquisition. [LAND ACQUISITION (JUST TERMS COMPENSATION) ACT NSW 1991 - SECT 60] "solatium" - Law - derived from US and Scot - compensation awarded to a party for injury to the feelings as distinct from physical suffering and pecuniary loss [from Latin: see solace]
Collins English Dictionary - Complete and Unabridged 6th Edition 2003. © William Collins Sons & Co. Ltd 1979, 1986 © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003)

A sample letter of opposition to granting of the Ridgelands Coal ELA will be linked here asap and may be used as an example for individual letters.

Correspondence regarding Ridgelands Coal ELA may be addressed to:

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General Advice: Meetings, Agreements, Contracts

Mining companies prefer to deal in secret with unrepresented individuals. The reason is to isolate and pressure the individual into an agreement solely in the miner company's interest. The most basic advice is :

NEVER meet a gas or mining company representative in private without an independent (non-company) witness of your choosing present.
ALWAYS record or make notes of any meeting with a gas or mining company representative and have your witness to the meeting date and sign your record as true and accurate. Do not sign any document put before you by the company.
If you feel pressured you have the right to terminate any meeting and request that the other persons leave your property immediately. Any refusal or threats should be immediately reported to Police on 000.
Arrange any necessary meeting eg to discuss an access agreement, to take place in front of witnesses such as friends, neighbours, a Wybong Action Group member etc
NEVER COMMIT or SIGN ANY AGREEMENT before you have taken it to your solicitor and obtained legal advice.

You will generally find that the gas or mining company will not agree to meet you other than in secret and without your independent witnesses or the opportunity to obtain independent legal advice before signing a document. In this case it is the gas or mining company that is refusing to come to an agreement and there can be no retribution against you for insistence on fair and reasonable conditions such as having independent witnesses present.

Support

The best support is that of friends, relatives, neighbours and Wybong Action Group members who may have experienced the manner of operation of gas and mining companies in breaching any condition of the Trade Practices Act, law of Contract etc to obtain an agreement that suits them.

Contract Cooling Off periods do not exist

There is no legislated cooling off period in any contract between an individual and a gas or mining company, nor will they generally agree to the insertion of such a clause in their contracts. Usually gas and mining companies will stand over and demand agreements be signed on the spot or offers etc made in order to induce you to sign will lapse and not be repeated. The offers made will usually not be included in the agreement to be signed and will be unenforceable.

A basic premise to work on is:

if something is not in writing above the signatures in the text of an agreement or contract IT DOES NOT EXIST.

Trespass

The bottom line is that the title holder OWNS the land and nothing can happen on or to that land without the Tile Holders permission. There are few legislative exceptions to that rule and generally any breach of your sovereignty as Title Holder is actionable at law as TRESPASS and costs and damages can be sought - Police or a solicitor will advise in the first instance.

Wybong Action Group

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