It is one thing to know you require water, another is accessing it
Access Advice
Queensland’s land access laws establish differing requirements depending on the impact of the authorised activities being conducted under the resource authority. The Queensland Government across all of their documentation and guides strongly advise you to seek independent legal advice in relation to land access. Land access is a complex process that must follow legal compliance aligned with government regulations. With a Barrister on hand with extensive water knowledge, we provide this service to our QWC clients. Below is a snapshot of formal information provided from DRNME.
The land access laws extend to most resource authorities granted under Queensland’s resource Acts, including the Mineral Resources Act 1989, the Petroleum and Gas (Production and Safety Act) 2004, Petroleum Act 1923, Geothermal Energy Act 2010 and Greenhouse Gas Storage Act 2009.
This information should not be relied on as legal advice or as a substitute for legal advice. You are strongly advised to obtain independent advice from a solicitor before signing any agreement.
The land access framework consists of:
Mineral and Energy Resources (Common Provisions) Act 2014
Mineral and Energy Resources (Common Provisions) Regulation 2016
Land Access Code 2016 (Land Access Code). In general, the land access laws include the following requirements:
A resource company cannot enter restricted land without the written consent of a landholder
A resource company must give an entry notice before trying to enter a landholder’s property to undertake ‘preliminary activities’ i.e. activities that will have no or low impact on the landholder's business or land use activities
A resource company must give an entry notice before seeking to cross or gain entry to private land outside the area of the resource authority and enter into an access agreement
A Conduct and Compensation Agreement, Deferral Agreement or Opt-Out Agreement must be negotiated before a resource company comes onto a landholder’s property to undertake ‘advanced activities’ i.e. those likely to have more than a minor impact on a landholder’s business or land use activities
A graduated process for negotiation and resolving disputes about Conduct and Compensation Agreements, which ensures matters are only referred to the Land Court as a last resort
All resource companies must comply with the Land Access Code
Compliance and enforcement powers for government agencies where breaches of the land access framework occurs.
The Land Access Code includes best practice guidelines for landholders and resource companies about how to establish good relations, for example how to manage processes related to consultation and compensation. The Land Access Code also includes mandatory conditions relating to matters of biosecurity and general conduct that resource companies must comply with when undertaking authorised activities on private land.
Land access negotiations
The Queensland Government also recommends you obtain advice from your accountant about tax and GST issues related to any compensation payments you receive.
Access agreement means a negotiated access agreement formed between a resource company and a private landholder relating to the rights over ‘access land’.
Access land means land outside the area of the resource authority over which it is reasonably necessary for a resource company to cross in order to gain access to the land that is subject to their resource authority.
Access right means a resource company’s right to:
Cross access land (where reasonably necessary)
Carry out activities on the access land that are reasonably necessary to allow the crossing of the land.
Advanced activity means an authorised activity for the resource authority that is not a preliminary activity.
Please contact us today in relation to land access advice and for more information.