What can we do?
You might already have a pipeline on land you own, or you might have been approached about a new pipeline.
Our team can assist you with all matters relating to pipelines. 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 pipeline and its tenure.
We can assist with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to the pipeline.
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 regarding access by the holders of petroleum tenure to carry out authorised activities for pipelines including with respect to:
- negotiation of pipeline land including:
- option to lease or option for easement
- lease or easement
- written permission
- construction licenses
- part 5 permission to take pipeline 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
- 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
- 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 underground water 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 various 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.
A pipeline is a pipe or system of pipes transporting petroleum, fuel gas, produced water, prescribed storage gases, regulated hydrogen, greenhouse gas stream for the purposes of the Petroleum Act 1923 (Qld) and Petroleum and Gas (Production and Safety) Act 2004 (Qld).
A holder of a petroleum lease issued 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 petroleum lease and requirements of the legislation.
However, if a pipeline is to be constructed and operated outside the area of the petroleum lease, then there are different requirements which apply to that pipeline prescribed by the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld).
Firstly, a ‘pipeline 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 route of a proposed pipeline outside the area of a petroleum lease.
Secondly, a ‘survey 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 pipeline commences outside the area of a petroleum lease. It may be an ‘area PPL’ or a ‘point-to-point PPL’.
Thirdly, the pipeline may only be constructed and operated on ‘pipeline land’ outside the area of a petroleum lease. Pipeline 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 pipeline license may apply to the relevant Queensland government minister to take the land required for the pipeline by way of a compulsory acquisition process.
The holder of any of the petroleum survey license and pipeline 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).
The authorised activities on privately owned land must comply with the mandatory provisions of the Land Access Code and any conditions of a petroleum pipeline 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 with respect to petroleum survey licenses, authorised activities under the pipeline 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 pipeline 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.
