What can we do?
You might already have resources activities on priority agricultural areas and strategic cropping areas on the land you own, or you might have been approached about proposed new activities on those areas. You might be negotiating a conduct and compensation agreement which is in relation to land with those areas on it.
Our team can assist you with all matters relating to resource activities in relation to the areas of regional interest (particularly priority agricultural areas and strategic cropping areas) of your land. Critically, we can assist with negotiations, submissions, approvals, contractual conditions concerning rehabilitation of that area, access and agreements. We can help from the first enquiry, and right through the life cycle of that resource activity and agreement on your land.
We can assist with the swift navigation and resolution of all issues about compliance, approvals and exemptions, access or any other matters related to the resource activities conducted on, or proposed for, priority agricultural areas and strategic cropping areas on your land.
If negotiations fail or any compliance issues cannot be resolved informally our team provides representation in court.
Our team has a long history of working with owners and occupiers of rural land. We maintain rural offices and have many team members ready and willing to travel to our more rural clients where required.
Our teams’ experience means we are well versed in the unique issues that rural and regional landowners and occupiers face. We appreciate the nuances of relationships in this area, the various stakeholder interests and the benefit of efficient and commercial assistance.
If you are an owner or occupier of priority agricultural area or strategic cropping area, or feel like you might be, we are well placed to assist you. Our team has the knowledge and experience to assist with the approvals and exceptions relevant to resource activities on that land which might impact our clients.
We continue to support our clients during the life cycle of any resource tenures and any resource or energy activities on your land. This includes advice as to whether your land is categorised as priority agricultural area or strategic cropping area, whether regulatory approval is required and whether any exceptions apply.
Commonly we assist our clients with initial advice, negotiation of contractual agreements, coordinating and complying with contractual obligations, including rehabilitation requirements for resource and energy activities, entitlement to compensation, enforcement of legal rights and swift navigation and resolution of noncompliance, complaints, conflicts or disputes.
Our team is experienced in assisting and advising landowners and occupiers with respect to this legislative scheme, including:
- identifying areas of regional interest on privately owned land
- determining the impacts upon the areas of regional interest from the energy and resources activities
- drafting and assessment of the conditions required to manage those impacts for negotiation and preparation of contracts
- determining the compensation arising from the impact upon the areas of regional interest from the energy and resources activities
- objections to any application for an approval
- assessment of any exception for an approval which is relied upon by the person conducting the energy or resources activities
- enforcement of legal rights in a dispute resolution process or court proceedings
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 Regional Planning Interest Act 2014 (Qld) contains a legislative scheme which identifies areas of regional interest in Queensland. It is of particular relevance to privately owned land because it manages the impact of resource activities carried out on areas of regional interest under tenures issued pursuant to the:
- Petroleum Act 1923 (Qld)
- Petroleum and Gas (Production and Safety) Act 2004 (Qld) but excluding any petroleum survey licenses, data acquisition authorities or water monitoring programs,
- Mineral Resources Act 1989 (Qld) excluding any prospecting permit
The area of regional interest includes:
- priority agricultural areas
- strategic cropping areas.
Generally, regulatory approvals are required before certain resource activities can be carried out on those areas of regional interest on privately owned land. However, the Regional Planning Interest Act 2014 (Qld) provides for a number of exceptions to that requirement for an approval.
Issues commonly encountered by land owners and occupiers when negotiating land access with the energy and resources sector include:
- identification and assessment of the area of regional interest on the land
- whether an exemption applies to the proposed resource activities, and if so, to what extent
- the impacts on that area of regional interest reasonably likely from the proposed resource activities
- applications for regional interests development approvals
- objections, complaints and dispute resolution
- the requirements for rehabilitation
- determination of compensation
- appropriate and fair contractual conditions in a negotiated agreement
- court proceedings
If you wish to discuss this area or would like any assistance please get in touch.
