What can we do?
You might already have CSG activities conducted on land that you own, or you might have been approached about proposed new CSG activities.
Our team can assist you with all matters relating to CSG activities and tenure. Critically, we can assist with negotiations, getting appropriate compensation, access and agreements. We can help from the first enquiry, and right through the life cycle of that tenure.
We assist clients with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to CSG activities and tenures.
If negotiations fail, or any compliance issues cannot be resolved informally, our team provides representation in court.
Our team is experienced in assisting owners and occupiers of privately owned land for access by the holders of exploration tenure to carry out authorised activities with respect to petroleum and gas including with respect to:
- negotiation of access, deferral or conduct and compensation agreements
- negotiation of alternative arrangements (e.g. noise, dust, light)
- negotiation of access to, and rehabilitation of, priority agricultural areas
- negotiation of written permission to access restricted land
- opt out agreements
- exemptions to conduct authorised activities on priority agricultural areas
- negotiation of rules of conduct and terms of access
- whether an authorised activity is a preliminary activity or an advanced activity
- notices of intention to enter privately owned land
- waiver of entry notices
- notices of intention to negotiate a conduct and compensation agreement
- biosecurity management
- compliance with environmental permits, conditions and codes
- determination of compensation
- claims for further compensation and material changes of circumstances
- compliance and breach of agreement
- dispute and conflict resolution
- statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
- complaints to Land Access Ombudsman
- representation in court proceedings
- make good obligations concerning impacts on your water bores caused by exercise of underground water rights by holder of tenure issued under the Petroleum and Gas (Production and Safety) Act 2004 (Qld) and the Petroleum Act 1923 (Qld)
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.
CSG is a natural gas found in coal deposits. These coal seams or deposits are generally filled with water and the CSG is extracted by drilling wells into the coal seams. CSG in Queensland is regulated by legislation including the:
- Petroleum and Gas (Production and Safety) Act 2004 (Qld)
- Petroleum Act 1923 (Qld)
- Mineral and Energy Resources (Common Provisions) Act 2014 (Qld)
- Regional Planning Interest Act 2014 (Qld)
- Environmental Protection Act 1994 (Qld)
- Water Act 2000 (Qld).
To explore for, extract, or produce CSG, it is authorised by a tenure issued under either the Petroleum and Gas (Production and Safety) Act 2004 (Qld) or the Petroleum Act 1923 (Qld). These tenures include:
- authorities to prospect;
- petroleum leases;
- petroleum facility licenses and petroleum pipeline licenses;
- petroleum survey licenses, water monitoring authorities and data acquisition authorities.
The holder of any of these tenures has the right to access & conduct ‘preliminary activities’ on privately owned land after the issue of a prescribed notice and in compliance with the requirements of legislation including the:
- Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);
- Mineral and Energy Resources (Common Provisions) Act 2014 (Qld);
- Regional Planning Interest Act 2014 (Qld);
- Environmental Protection Act 1994 (Qld).
The authorised activities on privately owned land must comply with the mandatory provisions of the Land Access Code (excluding water monitoring authorities issued under Petroleum Act 1923 (Qld).
Subject to limited exceptions, if the holder of the tenure intends to conduct ‘advanced activities’ on privately owned land, generally a contract needs to be negotiated. This contract may be an opt out, deferral, or conduct and compensation agreement.
If access is required over privately owned land outside the area of the tenure, then an access agreement is generally required to be negotiated.
There is a specific dispute resolution process prescribed by the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) with respect to the negotiation of a conduct and compensation agreement. If the parties fail to negotiate the agreement, that legislation also provides jurisdiction for the Land Court to determine the issues in dispute (e.g. compensation and any contractual conditions).
The Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) establishes a framework of rules about authorised activities on that part of privately owned land defined as “restricted land”. Those rules will vary depending on the type of tenure, and whether the application for the applicable tenure was made before or after 27 September 2016.
Other than with respect to petroleum survey licenses, data acquisition authorities or water monitoring programs, authorised activities under the relevant tenure within that part of privately owned land defined as a ‘priority agricultural area’ or a ‘strategic cropping area’ may only be undertaken in accordance with the requirements of the Regional Planning Interests Act 2014 (Qld).
The Water Act 2000 (Qld) regulates impacts on water bores with respect to authorised activities carried out by the holder of tenure issued under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004.
If you wish to discuss this area or would like any assistance please get in touch with us.
