A bill allowing farmers and other landowners the right to refuse entry for mining, oil and gas companies has been soundly defeated.

Queensland Greens Senator Larissa Waters put up the ‘Landholders Right to refuse (Gas and Coal) Bill 2013’ late last week, only to see it voted down 44 to 9.

The bill also tried to create a system for the Federal Government to buy back farms that have coal seam gas wells and coal mines set up.

Senator Waters said it showed a larger-scale failing of efforts to protect prime agricultural land in Queensland and similarly important tracts in New South Wales.

“We saw an awful lot of promises on this issue before those respective parties were elected that they would act on this issue,” she said.

“What's been produced just under-delivers in the extreme.

“Queensland made these promises years ago, and still haven't even delivered. It's still in bill format.

“The New South Wales ultimate protections that were passed actually have so many holes in them it's almost like they're a coal seam gas well themselves,” she said.

In Australia, all mineral deposits belong to the Crown, but the failed bill would have changed that stipulation where the land is in freehold.

“Currently landholders across the country, in most instances, don't have the right to say no to mining and coal seam gas companies that want to come onto their property,” Senator Waters said.

“They only have the right to negotiate the compensation amount that they get.

“We believe that people should have the right to choose the future for their land and to ensure food security is guaranteed.”

Labor Senator for Western Australia Gary Gray has called the whole thing a political stunt by the Greens.

“Nearly every day in the Senate we see the actions of the Greens, a resolution, a motion, an action of some sort, on which a quick decision needs to be made,” Senator Gray said

“It was easy for the Senate to make a quick decision to vote this particular issue down, because land management is a state jurisdictional matter.

“And the specific resolution for which the Greens sought support from the Labor Party was one that was inconsistent with good environmental management, good land management and the consistent approach to these policy positions that we've taken over the course of the last five years.

“We need to understand that the minerals that are contained in the continent of Australia belong to the people of Australia and landholders have rights to certain uses of that land.

“And on this occasion the full play through of public policy and legal rights extends to a good and proper approvals process.”