What can we do?
Our team can assist you with petroleum facilities whether they are currently operating or constructed on the land you own, or when you are approached about a proposed new petroleum facility.
This might not be a new area to you, or you might not previously have had dealings with petroleum facilities. Often , we find that our clients might have been approached in relation to a proposed new facility and may be seeking assistance with their rights, obligations and entitlements.
We have the knowledge and experience to assist you to navigate this area of law, from first being approached through to compliance, complaints, leases, agreements, permits and compensation.
We will continue to support you during the life cycle of the petroleum facility and tenure.
We can also assist you in the swift navigation and resolution of noncompliance, complaints, 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 by the holders of petroleum tenure to carry out authorised activities with respect to petroleum facilities including:
- negotiation of petroleum facility land including:
- option to lease or option for easement
- lease or easement
- written permission
- construction licenses
- access agreements
- part 5 permission to take petroleum facility land applications
- compulsory acquisition processes
- negotiation of 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 rules of conduct and terms of access
- waiver of entry notices
- 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
- compliance and breach of agreement
- determination of compensation
- claims for further compensation and material changes of circumstances
- compliance and breach of agreement disputes and claims
- statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
- dispute and conflict resolution
- 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?
Since this is an area that people often come to when they are approached for a new petroleum facility, or when people are experiencing issues with existing facilities it may be useful to have a basic understanding of what is a petroleum facility. If you have received correspondence or are beginning your own research into the area we have set out below a general summary of the area to give a broad overview of the area.
A petroleum facility is a facility for the distillation, processing, refining, storage or transport of petroleum (which is not a distribution pipeline) for the purposes of the Petroleum Act 1923 (Qld) and Petroleum and Gas (Production and Safety) Act 2004 (Qld). For example, it may include a storage depot, meter station, oil refinery, LPG separation plant, petroleum processing plant, or compressor station.
A holder of a petroleum lease issued or petroleum pipeline license under the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld) may construct and operate pipelines within their lease areas in accordance with the conditions of their tenure and requirements of that legislation.
But, if a petroleum facility is to be constructed and operated outside the area of the petroleum lease or petroleum pipeline license, then there are different requirements which apply to that facility prescribed by the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld). In this case, three conditions apply which we deal with below in more detail.
Firstly, a ‘survey license’ is granted under the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld). This tenure permits the survey, identification and investigation of the access route of the proposed petroleum facility outside the area of a petroleum lease or pipeline license.
Secondly, a ‘petroleum facility license’ must be first granted under the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld) before the construction or operation of the petroleum facility commences outside the area of a petroleum lease or pipeline license.
Thirdly, the facility may only be constructed and operated on ‘petroleum facility land’ outside the area of a petroleum lease or petroleum pipeline license. Petroleum facility land is defined by the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld) and is usually obtained through the negotiation for an easement or written permission from the owner of the relevant land. If that negotiation fails, the holder of the petroleum facility license may apply to the relevant Queensland government minister to take the land required for the facility by way of a compulsory acquisition process.
The holder of any of the petroleum survey license and facility license has the right to access & conduct authorised preliminary activities on privately owned land after the issue of a prescribed notice and in compliance with the requirements of legislation including the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld).
Regardless of whether the facility is constructed and operated under a petroleum lease or a petroleum facility license, the authorised activities on privately owned land must comply with the mandatory provisions of the Land Access Code and any conditions of the applicable petroleum lease or facility license.
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.
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 relevant agreement, that legislation also provides jurisdiction for the Land Court to determine the issues in dispute (e.g. compensation and any contractual conditions).
Other than for survey licenses, authorised activities under the facility license within that part of privately owned land defined as a priority agricultural area or strategic cropping land area may only be undertaken in accordance with the requirements of the Regional Planning Interests Act 2014 (Qld).
The holder of a pipeline survey license and a facility license must also comply with any environmental authority issued under the Environmental Protection Act 1994 (Qld).
If you wish to discuss this area or would like any assistance please get in touch with us.
