What can we do?

You might already have a complaint or dispute with a holder of a resource tenure or a renewable energy project, or a complaint concerning resource or energy activities on your land. You might have been approached about negotiating a conduct and compensation agreement, a contract to permit renewable energy activities to be carried out on your property. You may have been  issued with a formal notice concerning the negotiations of a conduct and compensation agreement. We can assist in all these instances.

Our team can assist you with all matters relating to disputes and complaints concerning resource and energy activities on your land. Critically, we can assist with complaints to the Land Access Ombudsman, Mining and Petroleum Registrars, and otherwise make submissions to the relevant Queensland government minister, department or provide information about your experience to Coexistence Queensland.

We can assist with the swift navigation and resolution of all issues about compliance, claims and complaints.

If negotiations fail or any compliance issues cannot be resolved informally our team provides representation in court.

Our team is experienced in assisting and advising clients with respect to the various complexities and issues concerning the reality of co-existence including:

  • review and advice on contractual and legal obligations
  • negotiations
  • contracts
  • objections and complaints
  • dispute resolution and conflict management
  • representation in court proceedings

Want more information?

If you are coming to this area for the first time, or revisiting it after a long break, you will see that there are many integrated parts of legislation with many terms unique to the area. We have set out below a general summary of the area to give a broad overview for those people starting their research into the area.

Much has been made of the desire in Queensland for owners and occupiers of privately owned land to ‘co-exist’ with the holders of resource tenure and the conduct of both the authorised resource activities conducted pursuant to those tenures and the activities of the owners and occupiers of the land.

Co-existence is generally defined as ‘the state of being together in the same place at the same time’.

However, for landowners and occupiers, co-existence brings with it many obligations they would not otherwise have, including managing competing bids to use their land and its resources by those given legal rights to access the land.

Not only do landowners and occupiers have to manage being together at the same place and time with energy and resource industries with respect to planning and operating agricultural operations and land uses, they also have to manage the contractual obligations held with each of the resource tenure holders and/or renewable projects proponents.

Careful management of those contractual obligations to those who hold interests in the land and its resources will ensure the minimisation of disputes, conflict or incurring unwanted loss or damage. However, without careful management, there is a risk landowners and occupiers may inadvertently breach a contract condition, breach a legislative obligation, or incur unnecessary legal liabilities or obligations:  exposing the landowner and occupier to potential liability.

In Queensland, there is a legislative framework to assist landholders in negotiations or dealings with the energy and resources industries in Queensland.

The Coexistence Queensland Act 2013 (Qld) establishes the statutory body now known as Coexistence Queensland. It was previously the Queensland Gasfields Commission.

Co-existence Queensland provides information and educational tools to assist the sustainable coexistence between landholders and the energy and resources sector. Its ambit has been expanded to incorporate renewable energy projects.

In addition, the process prescribed by the  Land Access Ombudsman Act 2017 (Qld) assists the occupiers and owners of privately owned land, and the energy and resource sectors resolve disputes concerning land access. 

Land access disputes which can be referred to the Land Access Ombudsman are disputes over a conduct and compensation agreement negotiated under the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld), or a make good agreement negotiated under the Water Act 2000 (Qld).

Please get in touch with us if you need assistance with any mining exploration matters: our team is experienced and ready to help.