Draft Voluntary Land Acquisition and Mitigation Policy and proposed Mining SEPP amendments

This submission provides specific comment on the Draft Voluntary Land Acquisition and Mitigation Policy, but also notes our overarching concern is that where the impacts of a mine actually make a property unliveable, then land acquisition and mitigation actions are not really ‘voluntary’ and there is a fundamental problem in saying that the proposed agreements and actions are an acceptable way to deal with impacts. As it is therefore akin to a compulsory acquisition process by private companies, at the very least landholders should be entitled to heads of compensation that are the same as the Land Acquisition (Just Terms Compensation) Act 1991 and express reference should be made to that Act in relevant instruments and policies. Affected landholders should also be entitled to similar valuation and dispute resolution mechanisms, including rights of appeal to an independent arbiter.