What can we do?
Our team can assist you with all aspects of exploration, prospecting permits, mineral development licenses and all access matters associating with mining.
Have you been approached for exploration tenure, or do you already have exploration activities being conducted on your land?
Our team is experienced in assisting landowners and occupiers of privately owned land regarding access and conduct of exploration for minerals or coal including:
- negotiation of access, deferral and 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
- negotiation of rules of conduct and terms of access
- opt out agreements
- 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
- statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
- dispute and conflict resolution
- make good obligations concerning impacts on your water bores by exercise of underground water rights by a holder of mineral development licenses
- complaints to Land Access Ombudsman
- representation in court proceedings
We will continue to support you during the life cycle of the tenure or permit.
We can also assist you in the swift navigation and resolution of noncompliance, complaints, conflicts or disputes.
Want more information?
If you have been approached about exploration tenure or prospecting on your land, you may have received correspondence that speaks about legislative requirements, requirements of various authorities, and critically requests access to your property. Below is a general overview.
The exploration for minerals and coal in Queensland is regulated by legislation including the Mineral Resources Act 1989 (Qld), the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld), Regional Planning Interests Act 2014 (Qld), Water Act 2000 (Qld), and the Environmental Protection Act 1994 (Qld).
Conducting exploration activities for minerals or coal on privately owned land is authorised by an authority or tenure issued under the Mineral Resources Act 1989 (Qld). Exploration types of tenure include exploration permits, prospecting permits, mineral development leases and water monitoring authorities.
Generally prospecting permits have different requirements for access to privately owned land than other types of tenures. Mining claims and mining leases which authorise production of coal and minerals are subject to different regulations than these exploration tenures.
The holder of an exploration tenure (which is not a prospecting permit) has the right to access & conduct authorised ‘preliminary activities’ on privately owned land following the issue of a prescribed notice under the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld).
That access and the conduct of authorised ‘preliminary activities’ must comply with legislative requirements including under the:
- Mineral and Energy Resources (Common Provisions) Act 2014 (Qld)
- Mineral Resources Act 1989 (Qld)
- Regional Planning Interests Act 2014 (Qld)
- Environmental Protection Act 1994 (Qld).
Other than with respect to prospecting permits, access and authorised activities pursuant to these exploration tenures conducted on privately owned land must also comply with the mandatory provisions of the Land Access Code.
Other than for prospecting permits and mineral development licenses, if access is required over privately owned land outside the area of the exploration tenure, then an access agreement is generally required to be negotiated.
If the holder of an exploration tenure (other than a prospecting permit or mineral development license) intends to conduct ‘advanced activities’ on privately owned land, generally a contract needs to be first negotiated with the owner and occupiers of that land. This contract may be an opt out, deferral, or conduct and compensation agreement.
Other than for prospecting permits and mineral development licenses, there is a specific dispute resolution process prescribed by the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) with respect to the negotiation for a conduct and compensation agreement before conducting ‘advanced activities’ on privately owned land.
If the parties fail to negotiate and execute the conduct and compensation agreement, the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) 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 access over, and conduct of 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 prospecting permits, the Regional Planning Interests Act 2014 (Qld) imposes restrictions on when activities authorised by these exploration tenures may be undertaken on that part of privately owned land defined as a priority agricultural area or strategic cropping land area.
Please get in touch with us if you need assistance with any mining exploration matters: our team is experienced and ready to help.
