What can we do?
You might already have dealt with environmental management issues arising from the resource activities conducted on land you own, or you might have been approached about proposed new resource activities which involve environmental management issues.
Our team can assist you with all matters relating to environmental management. Critically, we can assist with negotiations, getting appropriate contractual conditions, compensation, access and agreements with the holders of resources tenures and the renewable energy sector. We can help from the first enquiry, and right through the life cycle of that activity or tenure.
We can assist with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to the activities on your land.
If negotiations fail or any compliance issues cannot be resolved informally our team provides representation in alternative dispute resolution and court processes.
Our team is experienced in assisting and advising landowner and occupiers with respect to the various legislative schemes dealing with environmental interests relevant to the privately owned land and the applicable energy and resources activities, including with respect to:
- Environmental nuisance
- Objections and court representation to grant of mining lease and mining claim and environmental authorities (including as to conditions)
- Negotiation of conditions in contracts for land access dealing with environmental issues and impacts (e.g. noise, air, light, priority agricultural areas, strategic cropping areas, soil, erosion, subsidence and pasture management, rehabilitation)
- Review and negotiation of alternative arrangements
- review of environmental permits and approvals
- briefing and instructed relevant experts to provide advice as required on specific environmental issues
- review of applications for environmental authorities (and/or amendments)
- review and/or drafting of objections
- review of administrative decisions concerning environmental permits and approvals
- claims for compensation
- complaints of nuisance
- complaints of breaches of legislation and/or permits and approvals
- enforcing a contractual indemnity for damage and loss
- enforcing a right to further compensation for damage and loss
- dispute resolution concerning claims
- court proceedings to enforce a contractual and/or legal right
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.
In Queensland, there is a complex framework of legislation which imposes obligations, and requires assessment, approvals, permits for the environmental management associated with resource activities conducted pursuant to resource tenure conducted on privately owned or occupied land. That legislative framework includes the:
- Environment Protection Act 1994 (Qld)
- Petroleum Act 1923 (Qld) and Petroleum and Gas (Production and Safety) Act 2004 (Qld)
- Mineral Resources Act 1989 (Qld)
- Geothermal Energy Act 2010 (Qld)
- Greenhouse Gas Storage Act 2009 (Qld
- State Development and Public Works Organization Act 1971 (Qld). )
Depending on the project, further Commonwealth and local government approvals may be required to deal with impacts on the environment.
Usually, any agreement with a landowner and/or occupier of privately owned land for access and authorised activities by the resource sector will include (but is not limited to) contractual obligations concerning impacts on the environment and noise, dust and light impacts and nuisance at residences on the land
With respect to the grant of a mining claim or mining lease under the Mineral Resources Act 1989 (Qld) there is a specific process for the application for environmental approvals under the Environment Protection Act 1994 (Qld) which includes the rights for submission, objection and the determination of disputes by the Land Court of Queensland.
The negotiation for a conduct and compensation agreement pursuant to the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) for land access, may also include contractual conditions concerning nuisance and environmental issues. Typically, it will include an ‘alternative arrangement’ for the purpose of the environmental authority permit issued under the Environment Protection Act 1994 (Qld) to the holder of the relevant tenure.
Generally speaking, an ‘alternative arrangement’ permits a certain extent of non compliance with a certain condition of an environmental authority permit with respect to an environmental value (e.g. noise, light, dust) when conducting specific resource activities.
A proponent of a project with certain characteristics may make an application to have a project declared a ‘coordinated project’ under the State Development and Public Works Organization Act 1971 (Qld). That declaration may require an environmental impact statement or an impact assessment report.
Common to negotiations for land access will be issues concerning the environment which include impacts on soil, vegetation to rehabilitation and decommissioning. Proposed resource activities may also cause noise, dust and light nuisance at homes.
If you wish to discuss this area or would like any assistance please get in touch.
