What can we do?
You might already have a contract in place and renewable energy activities on your land, or you might have been approached about proposed investigation or installation and operation of renewable energy developments and projects on your land.
Our team can assist you with all matters relating to renewable energy generated from solar sources. 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 project or infrastructure.
We can assist with the swift navigation and resolution of all issues about compliance, payments, access or any other matters related to the development and project.
If you suffer loss or damage by reason of the development or project, or there is any compliance issues, which cannot be resolved informally – our team provides advice and representation in court.
Our team is experienced in assisting and advising owners and occupiers of privately owned land in navigating the risks and benefits during negotiation of renewable energy projects and development on their land, including:
- neighbour or sharing agreements
- license agreements
- access agreements
- exclusivity agreements
- succession planning
- options for leases
- leases
- options for easements
- easements
- planning obligations and requirements
- objections and submissions
- determination of payments
- dispute resolution processes
- balancing contractual obligations to other parties in the negotiation of contracts with solar energy projects
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 development of energy resources in Queensland is well underway. Queensland has legislated renewable energy targets and developed a framework for renewable energy zones to further facilitate the planning and coordination of the renewable energy projects and developments.
Owners of privately owned land have opportunities and challenges dealing with not only the traditional energy and resources industries seeking access to the land and its resources, but also now renewable energy projects as well.
Solar energy sources in Queensland are significant. Generation of renewable energy from solar power is one of the ways being used to reach energy targets in Queensland and is part of the renewable energy framework.
Solar energy is being harnessed not only for onsite electricity generation, but for battery storage and fed into the electricity grid in Queensland.
Presently, solar energy projects are subject to Queensland and Commonwealth legislative conditions and approvals. There are specific planning guidelines and frameworks in place with which those solar projects must comply.
Access to privately owned land for solar energy projects is currently undertaken by obtaining consent from the land owner and is done primarily by voluntary negotiation.
However, the Queensland government has commenced a process in 2024 to develop and implement a mandatory code of conduct for renewable energy activities on privately owned land. The purpose is said to be to ensure genuine engagement with landowners and communities in the construction and operation of new generation and storage projects.
The Coexistence Queensland Act 2013 (Qld) establishes the statutory body now known as Coexistence Queensland. It was previously the Queensland Gasfields Commission.
Co-existence Queensland provides information and educational tools to assist the sustainable coexistence between landholders and the energy and resources sector. Its ambit has been expanded to incorporate renewable energy projects.
When negotiating access to privately owned land for solar projects, landowners should routinely consider their obligations under the contracts already in place with respect to that land.
Whilst there are benefits to allowing access to energy companies, there are also risks and challenges.
To learn more about the challenges of co-existence, read our article found here.
Please get in touch if you require assistance or wish to discuss anything in this area.
