What you need to do if a representative of a mining or gas company knocks on your door…
Don’t sign anything

Ask for a request for access to your property to be mailed to you – the law states that this is the correct procedure.
Check out your rights and entitlement for compensation and don’t underestimate the damage that may be done to your property.
Remember that once you have signed an agreement you cannot make any changes and you have surrendered any right to withdraw from the agreement.
Always ask for information in writing and make appointments for any meetings at a date and time to suit you.
Have a witness present at face to face meetings – preferably someone who is able to advise and intervene on your behalf, if necessary. Two heads are better than one.
Check that the proposed drilling is not within 200 metres of your home, or 50 metres of your garden or other improvements. Your agreement to such drilling would strip you of this lawful protection.
The longer you delay the more time you have to gather information and consider your options. Don’t be fooled into thinking you will get a better deal by letting the exploration company take the lead.

By contacting the BGSP Alliance you will be offered the opportunity to receive counselling by a member of our Management Committee and/or a copy of the EDO’s “Rural Landholder’s Guide to Environmental Law in NSW” which gives more explanation of your rights.

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When a minerals exploration or gas assessment (listed under “petroleum” in the legislation) licence is granted over your land, you, personally, will not receive any notification. A minimal map of the lease with contact details for further information will be advertised in a district newspaper. It is up to you to find and to follow up on this, check whether your property is affected and be prepared for what might follow.

Organizations such as the BGSP Alliance are there to help you and to give information and support. Do not hesitate to ask for help. A resident who is unaware of his or her rights (such as they are) as landholder, is no match for a big international company which has the backing of government legislation to enable their staff to gain access to your land for exploration purposes.

Coal companies have been exploring in the Gloucester region for many years now, and we have accumulated a great deal of experience with their methods.

You need to be aware that the first approach is usually made by a public relations officer employed by the company and it is his/her job to get a signature on a document already prepared by the company, which will give them the best advantage with the minimum of fuss. Responding to a casual request to “have a look around your place” may later be interpreted as a legally binding verbal access agreement.

We know of many cases of a landholder opening the door to be handed a written agreement all ready for him to sign on the spot. Many have signed, thinking they had no choice, only to find that they have agreed to drilling which could be right next to their house, in dams, crops or access roads; at times that suit the company, and with minimal or no compensation.

It has also been our experience, that once access is granted, there is no government or independent inspection to ensure that the work is carried out as agreed. Rigs drilling on protected river flats and banks have been observed. Landholders should immediately report any infringement of their agreement to the company, deny access and get legal advice from the EDO.

Gloucester residents are now being approached by “Thunderbolt Gold Ltd” whose application for an exploration licence for gold and other minerals has now been granted. Identical regulations as for coal and the associated problems for the landholder apply here also.

The following information is an extract copied from the Environmental Defender’s Office Fact Sheet 5.1

The Rights of the Landholder