Resources and Energy were answering to claims from Bylong landholder Craig Shaw, who along with partner Paul Frost, have been waiting since September for the state government body to submit details about an objection to a Crown Road closure on the pair’s 230-hectare property “Oakdale”.

Amid waiting for a reply from Resources and Energy, the pair is also caught in compulsory arbitration with KEPCO Bylong Australia about potential coal exploration activity on the property.

Originally when Cockatoo Coal – managers for KEPCO Bylong – approached the pair for property and exploration access, the Crown Road closure was an entirely separate conversation.

Now a “perfect storm” has arrived whereby the two-kilometre Crown Road runs through the centre of Mr Shaw and Mr Frost’s property and contains their entire house.

If the NSW Crown Lands Division knocks back the Crown Road closure on the basis of Resources and Energy’s submission, effectively this would act as a tool for KEPCO Bylong to gain exploratory access. 

On Tuesday Mr Shaw described the whole process as “incredibly stressful” and wanted to warn landholders on exploration licences about this potential nightmare. He believes there would be several landholders across the state in a similar predicament. 

“We’ve been led on a merry dance,” he said.

“We did everything right in terms of applying to close the Crown Road. You’re happy, your neighbours are happy and then all of a sudden there is an objection from the Department of Minerals and Resources.

“If the closure is knocked back it effectively opens the back door for mining and exploration companies to seek access and conduct drilling.” 

Although Resources and Energy have no policy to object Crown Road closures, a department spokesman said this week they would give “particular consideration” to Crown Road closure proposals if the road in question was the only means of “access to areas with known or high potential for mineral resource related activities”.

“All Crown Road closure proposals undergo an assessment procedure on a case by case basis, using all available information at that time to make an evaluation on publicly available access,” the spokesman said.

A NSW Division of Crown Lands spokesman said there were about 5600 Crown Road closure applications still to be processed. He said on average each closure application attracts one submission that needs to be considered before a decision is made. 

In the 2013-14 state budget $5 million was allocated “in additional funding to accelerate the processing of Crown roads disposal applications from rural land users”. From 2006 tens of millions of dollars have been allocated to the closure             program.