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 Farmers find advantages in land court 

Farmers find advantages in land court

27 Oct, 2011 04:00 AM
LIKE most landholders, Pat Devlin and John Erbacher had next to no experience with court proceedings before they stepped into the Queensland Land Court in August.

After many months locked in an ongoing court battle with Xstrata Coal, the Wandoan cattle and grain farmers believe landholders should not be frightened of the legal process.

The Wandoan landholders told Queensland Country Life there are many misconceptions among farmers over the way the land court system works, which was stopping people from using the facility to their own advantage.

"We were told we would rue the day we ever went to court, but I found it quite accessible for farmers," Mr Erbacher said.

"People think the land court is just like the criminal court but they are nothing alike."

He said while it cost most of the Wandoan farmers about $20,000 for legal representation, individuals were able to represent themselves if they chose.

"You are not on trial in the land court, you are just sharing your objections to the mine development," Mr Devlin said.

"The other mob are the ones who have to try and prove your objections are not worth anything."

Mr Devlin said he believed the land court had been effective in getting across their issues surrounding the mine development.

"I would recommend it to anyone the mining companies use court as a way of threatening people during negotiations, but landholders should not be intimidated. It is totally accessible."

Wandoan farmers and environmentalists are attempting to stop a proposal for the largest coalmine in the southern hemisphere on their doorstep.

The two-week hearing at the Land Court in Brisbane in August heard from landholders who believe the proposal for the $7 billion Xstrata mining development should be rejected because of dust, noise, odour, vibration and health impacts on cattle and people.

Land Court president Carmel MacDonald is now considering her judgement, which could take several months.

Included within the landholders' court submissions were a series of solutions for consideration, including Xstrata upgrading selected roads and bridges, to enable a compromise to be met.

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Good on you fellows. I am going to do exactly the same. Lets see a dozens of people doing the same so that the Courts will realise the many injuctices that the large Companies are dealing out. The bigger they are, the heavier they fall.
Posted by Bushfire Blond, 27/10/2011 7:58:58 PM, on Queensland Country Life
I agree. We'll all be there soon so it's good to know it's not too scary! They'll be taking 2/3rds of Queensland's residents to land court if they proceed to bulldoze our homes and communities for the sake of mining development.
Posted by QLD girl, 28/10/2011 7:56:58 PM, on Queensland Country Life

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Wandoan landholders John Erbacher and Pat Devlin say farmers should not be intimidated by the land court process.
Wandoan landholders John Erbacher and Pat Devlin say farmers should not be intimidated by the land court process.

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