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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 (LAO) is now operating in Queensland.
The Office of the LAO offers a free and independent service for the resolution of alleged breaches of CCAs and MGAs.
The LAO investigates alleged breaches of CCAs and MGAs and provides advice and recommendations, offering a range of alternative dispute resolution options to give parties the opportunity to work through issues and achieve effective outcomes without going to court.
For more information visit lao.org.au or Freecall 1800 717 550.
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 the ADR Panel of convenors by visiting the Land Court page: 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.
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