Access advice

Queensland’s land access laws set different requirements depending on the impact of the activities carried out under a resource authority. The Government strongly advises landholders to get independent legal advice, and with a barrister on hand who has extensive water knowledge, we provide it to QWC clients.

Important notice. This information is not legal advice and should not be relied on as a substitute for it. Get independent advice from a solicitor before you sign any agreement.

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).

Mineral Resources Act 1989Petroleum and Gas (Production and Safety) Act 2004Petroleum Act 1923Geothermal Energy Act 2010Greenhouse Gas Storage Act 2009

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

  1. Restricted land. A resource company cannot enter restricted land without the landholder’s written consent.
  2. Preliminary activities. It must give an entry notice before entering a property to carry out preliminary activities, meaning activities with no or low impact.
  3. 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.
  4. 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.
  5. Disputes. A graduated process exists for negotiating and resolving disputes about Conduct and Compensation Agreements.
  6. The Code. All resource companies must comply with the Land Access Code.
  7. 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.

The Queensland Government also recommends getting advice from your accountant about tax and GST on any compensation payments you receive.

Need advice on land access?

Talk to us about an entry notice, an access agreement or a Conduct and Compensation Agreement.