The miner last week again called for NSW to change laws in order to give miners easier access to “improved” lands. This came after Sutton Forest landowners successfully argued in the Land and Environment Court that their farm land and pastures had been “significantly improved”, so they could refuse access to exploration drilling.

A spokeswoman for the government’s Division of Resources and Energy said the laws had already been clarified after a three-year review process, with the new laws to come into force on July 1.

“The review work included clarifying the definition of significant improvements,” she said.

“Under the legislation landholders are able to refuse consent of access to explorers where significant improvements exist. The new legislation provides greater certainty about what constitutes a significant improvement.

“Previously some improvements could be ruled out because the list of what constituted a significant improvement was so specific and narrow. This is a much fairer system for both landholders and explorers.”

Despite the reforms, Hume Coal’s project director Greig Duncan reacted to the court case by saying land access for mining companies “has been an ongoing issue in NSW for decades”, and “the ball is now in the NSW Government’s court”.

“It’s now a matter of urgency and up to the State Government to take this issue seriously and implement changes to the legislation which clarify the rights of landowners, explorers and ultimately investors in NSW,” he said last Friday. 

Hume Coal has ruled out appealing against the Land and Environment Court chief justice’s decision, saying it would be “futile”.

The NSW Minerals Council was contacted for comment on the issue but did not want to get involved as Hume Coal is not a member.