The decision to amend the act follows a recent ruling in the NSW Court of Appeal concerning the objection by landholder Ulan Coal Mines under Section 62 of the Mining Act to the granting of a mining lease to Moolarben Coal Mines.

Department of Primary Industries Minister Ian Macdonald said the court decision put in doubt the long held processes by which landholders were able to make objections under the Mining Act, in cases where lands were considered agricultural land or contained significant improvements.

“These amendments will provide certainty for mining companies and certainty for landholders.

“The aim is to streamline the process and avoid lengthy unnecessary court battles.

“It will help all affected by the granting of mining leases and ensure courts are not tied up in unnecessary litigation.

“The government wants to ensure that there is clarity in the Mining Act concerning this process, and that NSW does not lose major investment as a consequence of uncertainty over how mining leases could be granted in the future,” he said.

“At the same time, the decision ensures that the interests of landholders, in particular farmers, remains protected under the provision of the Mining Act and that those people affected by a mining lease are properly compensated.”

Details of the legislation are still being drafted and the issue of whether it will be retrospective remains in question.

What is clear is that the government is keen to have the amendments introduced into Parliament at the earliest opportunity.

Parliament resumes on September 23.