Recently caught among a coal exploration arbitration involving KEPCO at his Bylong property, Mr Shaw knows first hand the battles faced by landholders and mining companies.

On Friday the Resources and Energy minister released a state government response to Bret Walker’s independent Examination of the Land Access Arbitration Framework. 

Mr Roberts said accepting the recommendations will “make the arbitration process fairer, more efficient and more transparent for landholders, explorers and the community.”

“Landholders currently pay their own legal costs despite being once only participants, but for explorers this is more often a regular practice,” Mr Roberts said.

“Explorers will now bear all costs associated with arbitration, set and capped by an independent expert. Timeframes will also be capped, providing greater certainty for landholders and industry. 

“Mr Walker also recommended changes to the appointment of arbitrators, new governance arrangements to manage conflicts, ongoing training and monitoring of the performance of arbitrators. 

“It is crucial both sides receive a fair hearing but protracted disputes only increase costs and erode relations between the two parties.” 

Mr Shaw said the Walker Report delivered exactly what it was asked to do and hoped landholders would continue to be engaged as the recommendations were implemented.

The reforms were also welcomed by NSW Farmers Association conservation and resource management committee chair, Mitchell Clapham.

The Ilford resident said he brought arbitration issues to light at a community cabinet meeting in Lithgow and as part of NSW Farmers held a meeting with Mr Walker before making a submission. Thirty-one submissions were considered in the final report.

Mr Clapham said one of the fundamental recommendations included placing a value on time spent negotiating and arbitrating an access arrangement. 

He has been involved in an arbitration where time became a specific part of the negotiation. 

This was backed by NSW Farmers’ Association president Fiona Simson, who said for years there had been an unfair playing field when it came to arbitration for access to farm land for mining or gas extraction. 

“We are also pleased that landholder’s time has been valued and that time spent in negotiations will be paid for by the explorer as well as costs associated with seeking a court determination,” she said.

“While many [recommendations] won’t be implemented until 2015, we urge the government to consider early implementation of the landholders’ right to legal representation. It is inequitable for farmers to have to wait another year for these changes to take place.”

Mr Walker has made it clear the issue of an explorer having the right to access land is a separate issue and outside the terms of reference of his examination.

For the full Walker Report and government response visit www.resourcesandenergy.nsw.gov.au/