What can we do?
You might already have a mining claim or lease on land you own, or you might have been approached about a new mining claim or lease.
Our team can assist you with all matters relating to mining claims and mining leases. 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 claim or lease.
We assist clients with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to the claim or lease.
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 landowners with respect to mining production, including:
- negotiation of compensation agreements
- submissions and objections with respect to the grant of tenure and environmental authorities
- determination of compensation
- representation in Land Court proceedings
- determination of material changes of circumstances
- enforcement and/or compliance under compensation agreements and orders made by the Land Court
- biosecurity management
- compliance with environmental permits, conditions and codes
- rehabilitation and reinstatement during a project, and at end of mine life
- dispute and conflict resolution
- complaints
- make good obligations concerning impacts on your water bores by exercise of underground water rights by holder of mining leases
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.
The mining and extraction of minerals and coal in Queensland is regulated by legislation including the Mineral Resources Act 1989 (Qld), Regional Planning Interests Act 2014 (Qld), Water Act 2000 (Qld), and the Environmental Protection Act 1994 (Qld).
To mine or extract minerals or coal it must be authorised by a tenure issued under the Mineral Resources Act 1989 (Qld), which is generally a mining claim or mining lease.
There is a process under the Mineral Resources Act 1989 (Qld) for the miner to apply for the grant of a mining claim or mining lease. There is also a process under the Environmental Protection Act 1994 (Qld) for the miner to apply for the grant of an environmental authority or permit. These applications may be granted or referred to the Land Court of Queensland. Under both processes, there is the right for certain prescribed categories of people to object to the grant of either or both applications.
Prior to the grant of the mining claim or mining lease, compensation must be determined. Generally, this is done by way of the negotiation of a compensation agreement between the owner of the applicable land and the miner. However, the Land Court of Queensland may be asked by either party to determine the compensation if it cannot be agreed.
Once the mining claim or mining lease is granted and compensation determined, the miner is entitled to access the relevant privately owned land and conduct its authorised activities in compliance with the requirements of the legislation including the:
- Mineral Resources Act 1989 (Qld)
- Regional Planning Interests Act 2014 (Qld)
- Environmental Protection Act 1994 (Qld).
If there is a compensation agreement the parties must comply with it. If the Land Court has made orders concerning compensation or other matters, the parties must comply with those orders.
If there is a compensation agreement the parties must comply with it. If the Land Court has made orders concerning compensation or other matters, the parties must comply with those orders.
After the time that the compensation agreement is made (or the Court has made its orders as to compensation) the parties have the right to seek further relief from the Land Court if there is a ‘material change of circumstances’ within the meaning given to that term by the Mineral Resources Act 1989 (Qld).
Authorised activities for coal and minerals within that part of privately owned land defined as a priority agricultural area or a strategic cropping land area with respect to certain types of tenure, 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 pursuant to specified tenure issued under the Mineral Resources Act 1989 (Qld).
The holder of a mining claim or mining lease is not required to comply with the Land Access Code, is not required to issue a notice prior to commencing preliminary activities or negotiate a conduct and compensation agreement, deferral or opt out agreement prior to commencing advanced activities under the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld).
Please get in touch with us if you wish to discuss this area: our team is experienced and ready to help.
