What can we do?

You may already have entered into an agreement, or have existing activities, associated with geothermal energy on your land. You may have just been approached in relation to a geothermal energy matter.

Our team has the knowledge and experience to assist you to navigate this area of law. We can assist for permits, access, compensation and rules.

We will continue to support you during the life cycle of the geothermal activities and tenure.

We assist our clients in the swift navigation and resolution of conflicts or disputes.

If negotiations fail – our team provides representation in court.

Our team is experienced in assisting owners and occupiers of privately owned land in regards to access to carry out authorised activities with respect to geothermal energy 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

Want more information?

This is an area that people often become aware of when they are approached for geothermal activities on their property.  It may be useful to have a broad background of what geothermal energy encompasses. Below is a general overview of the area.

Geothermal energy is defined as heat energy derived from the earth’s natural (subsurface) heat.  In Queensland it is regulated by legislation including the Geothermal Energy Act 2010 (Qld), the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld), the Regional Planning Interest Act 2014 (Qld), and the Environmental Protection Act 1994 (Qld).

Geothermal exploration permits and geothermal production leases are issued pursuant to the Geothermal Energy Act 2010 (Qld)  and authorise the applicable authorised activities to be carried out on privately owned land in Queensland.

The holder 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:

  • Geothermal Energy Act 2010 (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.

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. 

Authorised activities under the relevant tenure within that part of privately owned land defined as a priority agricultural area or strategic cropping land areas may only be undertaken in accordance with the requirements of the Regional Planning Interests Act 2014 (Qld). 

Our team can assist you with matters involving geothermal energy, if you have any queries please get in touch.