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 wind 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, compensation, access or any other matters related to the development and project.
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 owners and occupiers of privately owned land navigate 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 and easements
- leases and 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 wind 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 transformation 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 development.
Owners and occupiers 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.
Wind energy has long been generated from converting wind currents into energy by landowners using windmills to power water bores and other plant.
Now, ‘wind energy’ is being generated by converting those wind currents using wind turbines into electricity and feeding it into the electricity grid. Now, electricity is also being stored in batteries.
Wind energy is part of the renewable energy framework, and one of the ways Queensland is reaching its energy targets.
Presently, wind energy projects are subject to Queensland and Commonwealth legislative conditions and approvals. There are specific planning guidelines and frameworks in place with which those wind projects must comply.
Access to privately owned land for wind energy projects is currently undertaken by obtaining consent from the land owner and is done primarily by voluntary negotiation.
The Queensland government has commenced a process 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.
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 wind 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 renewable energy developments and projects, there are also risks and challenges.
To learn more about the challenges of co-existence, read our article found here.
If you wish to discuss this area or would like any assistance please get in touch with us.
