Nick Xenophon (SA, Independent) Share this | Hansard source

I indicate my support for this amendment with some reluctance, because it seems to me that the status quo is not adequate. Senator Joyce did point out very well that there is a complete lack of balance of power between the farmers and some of these companies that buy in coal seam gas, that some people receive something like a slab of beer in extreme cases, when many millions of dollars are being made from these wells.

In terms of the constitutional issues which Senator Williams and, I think, Senator Birmingham as well referred to, I do not think there is an issue about the Commonwealth's ability in using this act or other powers, including the corporations power, to effectively legislate in this field. I note that the numbers are not with the Greens with this amendment, particularly in relation to the issue of informed consent on the part of a farmer for their land to be used in this way. I also note the very good history that Senator Joyce set out whereby farmers did have these powers to veto hydrocarbon exploration on their properties many years ago, but that was taken away.

My plea to the coalition, given the work that Senator Joyce and Senator Williams have done on coal seam gas, is to at least consider supporting parts (a) and (b) of this amendment. Those parts of the amendment ensure that a landowner has obtained independent legal advice and has obtained independent advice on the likely impacts of the taking of the action. I would have thought that, at the very least, the coalition should be going down that path because that is entirely consistent with their position. Having said that, my preference is to support the Greens amendment, because having informed consent is something that ought to be pursued in the absence of any other remedies for farmers.