Your land and the law | Legal advice | Negotiation | Useful links | Disclaimer
Land Access Hub
As a landholder, you may be approached by a resource tenure holder that wants to conduct activities on your property.
What happens next?
Queensland Law Society has compiled some useful information below on your options.
If you need the help of a solicitor, Queensland Law Society’s Find a Solicitor service will connect you with a lawyer who deals in land access.
On the Find a Solicitor page, select the category ‘Natural Resources & Mining – Land Access’ from the Area of Law drop down menu.
For assistance using this service please phone us on 1300 367 757.
For all resources tenures other than mining leases, the resources tenure holder may want to negotiate an agreement with you that allows the conduct of resources activities, variously known as conduct and compensation agreements (“CCAs”), deferral agreements and opt-out agreements. For mining leases, they are known as compensation agreements. These are all very important documents that will attach to the title of your land. They bind all future owners (and often all other occupiers as well) so buyers will be vitally interested in what you have agreed to. Your mortgagee or bank, lessees or agistees also may need to be consulted as a part of this process as they also have an interest in your land.
The law in this area is complex and not widely understood. It is possible to unwittingly give away very important legal rights if you do not understand this area of law. The Society strongly advises that you get independent legal advice before entering into a compensation agreement, deferral agreement or opt-out agreement.
The importance of getting legal assistance is recognised by the legislation in the area. The Queensland Government has specifically legislated that the resource tenure holder is obliged to pay for the legal fees which are reasonable and necessarily incurred to help you negotiate such agreements.
Land Access Ombudsman
The Land Access Ombudsman Bill 2017 was passed by the Queensland Parliament on 7 September 2017.
On 14 September 2018, Jane Pires was appointed as the Land Access Ombudsman.
The primary objectives of the Bill are to:
- establish an independent land access ombudsman with the jurisdiction to provide an independent service that applies to disputes related to an alleged breach of a:
- conduct and compensation agreement (CCA) between an owner or occupier of private land and a resource authority holder; and
- make good agreement (MGA) between the owner of an impacted bore and a resource tenure holder;
- save transitional provisions in the Mineral and Energy Resources (Common Provisions) Transitional Regulation 2016 that would otherwise expire in September 2017 and, as a consequence, amend associated provisions.
The policy objective is to establish a land access ombudsman with the aim of:
- providing the owners and occupiers or private land and the holders of a resource authority with an independent body to investigate and make recommendations to resolve a dispute of an alleged breach of a CCA or an MGA; and
- facilitating the resolution of disputes between the parties to a CCA or an MGA and foster or preserve the relationship between the parties.
The following provisions commenced on 28 September 2017—
a. part 8 , divisions 2 , 5 and 6;
b. part 8 , division 4 , other than section 75 .
The remaining provisions of this Act commence on a day to be fixed by proclamation.
Land Court - Resolving disputes without a hearing
The Land Court’s vision is to be an exemplary forum for specialist dispute resolution, providing exceptional public value through accessible, flexible, just, fair and innovative services and procedures.
With this in mind, the Land Court has put together a carefully selected panel of convenors to help parties find a suitably qualified convenor to assist them to resolve their disputes without the need for a hearing. Their additional qualifications and experience mean the convenors will have a better understanding of:
- the circumstances of the parties and the issues likely to arise in their disputes
- the options to resolve the disputes
- the court’s processes, if the case must be heard by the court.
You can read more about our ADR Panel of convenors by visiting the Land Court page Land Court - ADR Panel of Convenors
There are also a number of useful sites and/or sources of information that can give you help in understanding the issues your lawyer will want to discuss with you, and that are important to consider before you embark on these negotiations.
Care has been taken in the preparation of the information and resources contained in and referred to on this website. However, QLS does not warrant the accuracy, reliability or completeness or that the material is fit for any particular purpose. By using the information and resources, you are responsible for assessing the accuracy and relevance of the material to your own circumstances and rely on it at your own risk. To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law (including in negligence) or otherwise are excluded. QLS does not accept any liability for any damage or loss (including loss of profits, loss of revenue, indirect and consequential loss) incurred by any person as a result of relying on the information contained on this website. The information is provided as an introductory general guide only, and is not given in the context of any specific set of facts pertinent to individual persons. The contents of this website and the resources to which it refers do not constitute legal advice and should not be construed as such. The information is provided on the basis that all persons accessing the information on this website undertake responsibility for assessing the relevance and accuracy of its content. In the event that persons accessing the information and resources on this website are uncertain of their rights and obligations, or are otherwise uncertain of best steps to take in their particular circumstances, it is recommended that they seek legal advice.
The website may include third party content which is subject to that third party's terms and conditions of use. Nothing on this website should be construed as granting any licence or right for you to use that content. You should consult the third party’s terms and conditions of use in relation to any third party content. The website includes links to third party sites which are not related to QLS and in relation to which QLS has no control or interest. Links to third party sites do not constitute any endorsement or approval of those sites or of the owners of those sites.