Who it applies to
Most resource authorities in Queensland
Land access laws extend to most resource authorities granted under Queensland’s resource Acts. Below is a snapshot of information published by the Department (DRNME).
The rules
The land access framework
Governing legislation
The key legislation and statutory code:
- Mineral and Energy Resources (Common Provisions) Act 2014
- Mineral and Energy Resources (Common Provisions) Regulation 2016
- Land Access Code 2016
The Land Access Code
The Code sets out best-practice guidelines for landholders and resource companies on building good relations, such as how to manage consultation and compensation.
It also contains mandatory conditions on biosecurity and general conduct that resource companies must follow when carrying out authorised activities on private land.
What a resource company must do
General requirements
- Restricted land. A resource company cannot enter restricted land without the landholder’s written consent.
- Preliminary activities. It must give an entry notice before entering a property to carry out preliminary activities, meaning activities with no or low impact.
- Crossing private land. It must give an entry notice before crossing or entering private land outside the area of the resource authority, and enter into an access agreement.
- Advanced activities. A Conduct and Compensation Agreement, Deferral Agreement or Opt-Out Agreement must be negotiated before it comes onto a property to carry out advanced activities.
- Disputes. A graduated process exists for negotiating and resolving disputes about Conduct and Compensation Agreements.
- The Code. All resource companies must comply with the Land Access Code.
- Enforcement. Government agencies have compliance and enforcement powers where the land access framework is breached.
Negotiations
Key terms in land access negotiations
Access agreement
A negotiated agreement between a resource company and a private landholder about rights over access land.
Access land
Land outside the area of the resource authority that a resource company reasonably needs to cross to reach the subject land.
Access right
A resource company’s right to cross access land, where reasonably necessary, and carry out the activities needed to cross it.
Advanced activity
An authorised activity for the resource authority that is not a preliminary activity.
Need advice on land access?
Talk to us about an entry notice, an access agreement or a Conduct and Compensation Agreement.