It seems that this is a definite YOURS (you have absolute title under Torrens title land) except when it comes to mining - then the miners can dig it up - figure that one out.
The mining industry is the only industry in Australia where a private company can apply to develop your land without your consent.
"mining laws in NSW reflect a systematic bias towards resource development, at the expense of the environment" "NSW mining laws contain no reference to ecologically sustainable development" (EDO NSW fact sheet topic 4).
However, the humble landowners upon seeing the dozers approaching over the horizon, do have a few rights - sort of. The miners cannot access your property without your written consent and agreement - unless of course you refuse. Then the "mining warden" (whoever he is) can order it to happen - apparently.
There is the matter of compensation. Compensation to the landowner applies for a number of reasons - again a matter of negotiation - unless of course the landowner is considered unreasonable - then the "warden" again steps in and decides for us. What constitutes fair and reasonable compensation is an interesting question and there are numerous court cases on the subject.
There are certain exclusions where mining activity cannot take place. However, basically if the miners want, they get it. They will of course give you back the rubble.
It would seem prudent advice to all "would be" or current rural landowners to plant orchards, crops and gardens all over their land, build scattered sheds and general improvements and generally grow something of value - even improved pasture. It may then be deemed agricultural land and be saved. That is until the Government (who is acting, of course, on everyones behalf) legislates to stop this ploy.
So pay your purchase money, Govt. fees, taxes, rates etc - enjoy your bit of space - do what you want - follow the rules - until a miner comes along.
I have heard "we can only mine where the minerals are" but it is also true that "we can only undertake agriculture where the resources allow"
How much is enough?
