Landowners’ vs miners' property interests: the unsustainability of property as dominion

Abstract

This article considers competing interests in land of freehold landowners and miners of coal seam gas. It provides an overview of common law understanding of property in land, and suggests that this framework is unsuitable for resolving directly competing interests. In addition, it argues that a philosophy of property that embraces a more holistic understanding of land and its stewardship is a more sustainable way to prioritise proprietary interests.