Nationals leader Warren Truss believes farmers should have the right to veto coal seam gas exploration and extraction on their properties, following a call by assistant health minister Fiona Nash for a change to state laws.

His comments come after the suicide of Queensland farmer George Bender, whose daughter Helen berated politicians on ABC’s Q&A for failing to listen to farmers concerns regarding mining activities.

A spokesman for Truss said it was Coalition policy to support the “responsible development” of coal seam gas but with three conditions:

Access to prime agricultural land should only be allowed with the farmer’s agreement – the farmer should have the right to say yes or no to coal seam gas exploration and extraction on their property;

There is no long-term damage to the underground water supply; and



Agricultural production is not permanently impaired.



However Truss’s spokesman said laws relating to mining and land access fall under the jurisdiction of state governments.

He also said the policy related to coal seam gas only and not conventional mining, while Nash’s office confirmed she supported a farmers’ veto right for CSG and conventional mining.

Greens senator Larissa Waters has previously introduced a private bill in the Senate which would have given landholders veto rights over mining companies but the Nationals, the Liberals and the Labor party did not support it.

Her latest bill, which a Senate committee recommended against, would “provide Australian landholders the right to refuse the undertaking of gas and coalmining activities on their land without prior written authorisation, to ban hydraulic fracturing”.

Last week, NSW Greens MLC Jeremy Buckingham tried to amend land access rules to give landholders a right of veto over mining companies but it was voted down by the NSW Liberals and Nationals. He has attempted similar motions 14 times over four years.

“It’s really insensitive to farming communities, especially at this time of great sadness, for the Nationals to provide empty rhetoric without any action to back it up,” said Waters on Tuesday.

“Saying this is a state issue is a cowardly excuse. We can give landholders legal rights to say no by using the federal corporations power.

“If the other parties stopped refusing to give landholders rights against mining, we could get on and do this right away at the federal level, protecting landholders across Australia, including farmers, traditional owners and local councils.”

Barnaby Joyce, the deputy Nationals leader, also supported the right to a farmers’ veto but “of course we can say that at the federal level because this is covered under state legislation. Our involvement is limited to hydrology and some cultural issues”.

Assistant infrastructure minister Michael McCormack, Victorian MP Andrew Broad and senator Matt Canavan told Guardian Australia they support the right of farmers to refuse entry to mining companies.



“Coal seam gas is very divisive and while it is a state-based issue, I do think farmers should have the right to say yay or nay on their property,” McCormack said.



“After all, many farmers who are in CSG areas and others besides have been there for generations and it’s their heritage and everything their family have dedicated their lives to.



“All of a sudden, we have CSG companies, some of which haven’t always been best community players, come on to land and use bully boy tactics.”



McCormack said the National party also represented towns where CSG had provided jobs and economic growth, “so it is about an even balance” between farming and mining interests.

The National party has come under increasing electoral pressure from the Greens and environmental activists campaigning for rural communities against coal seam gas and conventional mining, notably around the $1.2bn Shenhua Watermark coal mine on prime agricultural land on the Liverpool Plains in NSW.

McCormack also acknowledged there had been a shift within the Nationals, which had to support regional communities with both agricultural and mining industries.

“There has been a bit of divide between mining and farming,” McCormack said.

“Some agriculture groups have looked to Greens and other groups to seek support and let me tell you the Greens are no friends of farmers and regional Australia.

“If they had their way, they would lock everything up and let every drop of water go out the mouth of the Murray.”

Broad, who represents the western Victorian electorate of Mallee for the Nationals, said mining and farming should coexist, given farming required mined products such as fertiliser, gas and other fuels.

“However a farmer takes financial risk and works mighty hard to acquire his or her land,” said Broad.

“They have earned the right to be respected better than they have in the past. A farmer should have a right of veto (greater rights, yet some mechanism for negotiations) and also access some return.

“I’m not advocating the Beverly Hillbillies-type royalties, but most farmers are reasonable and practical businesses. It’s a little too easy for governments to make light of the sweat and hard work that comes with purchasing a farm.”

Canavan also called for some consideration of a financial return to farmers, which currently happens in the United States.

“I believe landowners deserve more rights and certainly the right to say no. But if we want to change state laws, you really have to run for state seats.”

Phil Laird of mining protest group Lock the Gate said the federal National party had the opportunity to vote to give farmers the right to say no for the last two years and had repeatedly failed to do so. He said Coalition governments in Queensland and NSW had acted to weaken landholder rights.

“It’s time for Warren Truss to put up or shut up,” said Laird.

“The federal National party should either introduce a bill to give landholders the right to say no to mining in the next sitting week of parliament, or give up for good on the pretence that they represent farmers on this issue.



“George Bender’s legacy deserves far better than misleading spin and obfuscation from the National party.”