Energy and Resources Lawyers | Toowoomba, Roma & Warwick

About this Service

For many years we have worked with owners and occupiers of rural land who deal with energy and resource projects wanting to access and use the land and its resources

Increasingly, landholders now also participate in renewable energy development projects and carbon farming.

In addition to such developments, landholders may be affected by electricity, rail, road, pipeline, and water infrastructure projects: some of which involve compulsory acquisition of the required land.

These opportunities also bring risk, challenge and change to landholders when conducting business, managing resources, or coordinating and complying with contractual obligations.

We assist our clients to realise their desired outcomes when negotiating contract terms and compensation and when managing competing bids from energy and resource industries for access to our clients’ land.

Our team has the knowledge and experience to assist our clients navigating from the first notice of entry to the decommissioning of the project.

We continue to support our clients during the life cycle of the energy and resource project on the land. This includes advice as to biosecurity management, environmental compliance, impacts on water bores, and rehabilitation and priority agricultural areas. Commonly we also assist our clients in coordinating and complying with their numerous contractual obligations to various energy & resources projects.

We can also assist our clients in the swift navigation and resolution of noncompliance, complaints, conflicts or disputes.

If, despite all efforts, negotiations fail – our team provides representation in court for our clients.

Service Areas

Resumption and Acquisition

What can we do?

You might already have had land resumed, or you might have been approached about a proposed resumption of land you own.

Our team can assist you with all matters relating to the compulsory acquisition, agreement to resume, and voluntary sale contracts relating to resumption of your land. Critically, we can assist with negotiations, getting appropriate compensation, access and agreements. We can help from the first enquiry.

We can assist with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to the proposed acquisition.

If negotiations fail our team provides representation in court.

Our team is experienced in assisting landowners throughout Queensland navigate the:

– compulsory acquisition process for various projects including railways, roads, water and gas pipelines, electricity powerlines and generation facilities under the Acquisition of Land Act 1967 (Qld)

– process by which energy and resource industry apply for the government to resume privately owned land including water and gas pipelines under the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2010 (Qld)

– process of the declaration and assessment of coordinated projects under the State Development Public Works Organization Act 1971 (Qld).

As well as assisting clients navigate the compulsory acquisition process, we can also assist with requests for specific advice on particular issues within that process including:

– assessing letters of offer to negotiate a voluntary acquisition of land

– review a resumption agreement

– the fair compensation for acquiring the required land including instructing a property valuer to give an independent determination of the value of the land to be taken

– review of a notice of intention to resume land

– assessing an offer of compensation

– drafting a notice of claim

– review of a written permission for pipeline land

– review of an easement for pipeline land

– making an objection

– draft (or review the landowner’s draft) submissions on an application for a government minister to grant an application by the energy and resource industry to compulsorily acquire land

– seeking reviews of any government minister’s decision to grant an application by the energy and resource industry to compulsorily acquire land

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.

Sometimes and in some circumstances, the government may need to acquire privately held land to provide services and community facilities such as rail or road transport, electricity, parks, schools, or hospitals.

The land required for these projects may be acquired through negotiation with the owner of the land, or otherwise through a compulsory acquisition process known as ‘resumption’ under the Acquisition of Land Act 1967 (Qld).

Land may also be compulsorily acquired under the Acquisition of Land Act 1967 (Qld) if it is required for declared coordinated projects pursuant to the State Development Public Works Organization Act 1971 (Qld).

Additionally, there are certain circumstances in which the holders of certain resource tenure may apply for the applicable state government minister to resume privately owned land. For example, the holder of a pipeline license or facility license pursuant to the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2010 (Qld) may apply to the relevant Queensland government minister to compulsorily acquire ‘pipeline land’ or ‘petroleum facility land’ when the tenure holder has been unable to negotiate that written permission or easement from the landowner.

Please get in touch if you would like advice in this area.

s well as assisting clients navigate the compulsory acquisition process, we can also assist with requests for specific advice on particular issues within that process including:

assessing letters of offer to negotiate a voluntary acquisition of land
review a resumption agreement
the fair compensation for acquiring the required land including instructing a property valuer to give an independent determination of the value of the land to be taken
review of a notice of intention to resume land
assessing an offer of compensation
drafting a notice of claim
review of a written permission for pipeline land
review of an easement for pipeline land
making an objection
draft (or review the landowner’s draft) submissions on an application for a government minister to grant an application by the energy and resource industry to compulsorily acquire land
seeking reviews of any government minister’s decision to grant an application by the energy and resource industry to compulsorily acquire land

Want more information?

Please get in touch if you would like advice in this area.

Mining Exploration

What can we do?

Our team can assist you with all aspects of exploration, prospecting permits, mineral development licenses and all access matters associating with mining.

Have you been approached for exploration tenure, or do you already have exploration activities being conducted on your land?

Our team is experienced in assisting landowners and occupiers of privately owned land regarding access and conduct of exploration for minerals or coal including:

negotiation of access, deferral and 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 written permission to access restricted land
negotiation of rules of conduct and terms of access
opt out agreements
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
determination of compensation
claims for further compensation and material changes of circumstances
compliance and breach of agreement
statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
dispute and conflict resolution
make good obligations concerning impacts on your water bores by exercise of underground water rights by a holder of mineral development licenses
complaints to Land Access Ombudsman
representation in court proceedings

We will continue to support you during the life cycle of the tenure or permit.

We can also assist you in the swift navigation and resolution of noncompliance, complaints, conflicts or disputes.

Want more information?

If you have been approached about exploration tenure or prospecting on your land, you may have received correspondence that speaks about legislative requirements, requirements of various authorities, and critically requests access to your property. Below is a general overview.

The exploration for minerals and coal in Queensland is regulated by legislation including the Mineral Resources Act 1989 (Qld), the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld), Regional Planning Interests Act 2014 (Qld), Water Act 2000 (Qld), and the Environmental Protection Act 1994 (Qld).

Conducting exploration activities for minerals or coal on privately owned land is authorised by an authority or tenure issued under the Mineral Resources Act 1989 (Qld). Exploration types of tenure include exploration permits, prospecting permits, mineral development leases and water monitoring authorities.

Generally prospecting permits have different requirements for access to privately owned land than other types of tenures. Mining claims and mining leases which authorise production of coal and minerals are subject to different regulations than these exploration tenures.

The holder of an exploration tenure (which is not a prospecting permit) has the right to access & conduct authorised ‘preliminary activities’ on privately owned land following the issue of a prescribed notice under the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld).

That access and the conduct of authorised ‘preliminary activities’ must comply with legislative requirements including under the:

Mineral and Energy Resources (Common Provisions) Act 2014 (Qld)
Mineral Resources Act 1989 (Qld)
Regional Planning Interests Act 2014 (Qld)
Environmental Protection Act 1994 (Qld).

Other than with respect to prospecting permits, access and authorised activities pursuant to these exploration tenures conducted on privately owned land must also comply with the mandatory provisions of the Land Access Code.

Other than for prospecting permits and mineral development licenses, if access is required over privately owned land outside the area of the exploration tenure, then an access agreement is generally required to be negotiated.

If the holder of an exploration tenure (other than a prospecting permit or mineral development license) intends to conduct ‘advanced activities’ on privately owned land, generally a contract needs to be first negotiated with the owner and occupiers of that land. This contract may be an opt out, deferral, or conduct and compensation agreement.

Other than for prospecting permits and mineral development licenses, there is a specific dispute resolution process prescribed by the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) with respect to the negotiation for a conduct and compensation agreement before conducting ‘advanced activities’ on privately owned land.

If the parties fail to negotiate and execute the conduct and compensation agreement, the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) provides jurisdiction for the Land Court to determine the issues in dispute (e.g. compensation and any contractual conditions).

The Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) establishes a framework of rules about access over, and conduct of authorised activities on, that part of privately owned land defined as “restricted land”. Those rules will vary depending on the type of tenure, and whether the application for the applicable tenure was made before or after 27 September 2016.

Other than with respect to prospecting permits, the Regional Planning Interests Act 2014 (Qld) imposes restrictions on when activities authorised by these exploration tenures may be undertaken on that part of privately owned land defined as a priority agricultural area or strategic cropping land area.

Please get in touch with us if you need assistance with any mining exploration matters: our team is experienced and ready to help.

Mining Production

What can we do?

You might already have a mining claim or lease on land you own, or you might have been approached about a new mining claim or lease.

Our team can assist you with all matters relating to mining claims and mining leases. 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 claim or lease.

We assist clients with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to the claim or lease.

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 landowners with respect to mining production, including:

negotiation of compensation agreements
submissions and objections with respect to the grant of tenure and environmental authorities
determination of compensation
representation in Land Court proceedings
determination of material changes of circumstances
enforcement and/or compliance under compensation agreements and orders made by the Land Court
biosecurity management
compliance with environmental permits, conditions and codes
rehabilitation and reinstatement during a project, and at end of mine life
dispute and conflict resolution
complaints
make good obligations concerning impacts on your water bores by exercise of underground water rights by holder of mining leases

Want more information?

The mining and extraction of minerals and coal in Queensland is regulated by legislation including the Mineral Resources Act 1989 (Qld), Regional Planning Interests Act 2014 (Qld), Water Act 2000 (Qld), and the Environmental Protection Act 1994 (Qld).

To mine or extract minerals or coal it must be authorised by a tenure issued under the Mineral Resources Act 1989 (Qld), which is generally a mining claim or mining lease.

There is a process under the Mineral Resources Act 1989 (Qld) for the miner to apply for the grant of a mining claim or mining lease. There is also a process under the Environmental Protection Act 1994 (Qld) for the miner to apply for the grant of an environmental authority or permit. These applications may be granted or referred to the Land Court of Queensland. Under both processes, there is the right for certain prescribed categories of people to object to the grant of either or both applications.

Prior to the grant of the mining claim or mining lease, compensation must be determined. Generally, this is done by way of the negotiation of a compensation agreement between the owner of the applicable land and the miner. However, the Land Court of Queensland may be asked by either party to determine the compensation if it cannot be agreed.

Once the mining claim or mining lease is granted and compensation determined, the miner is entitled to access the relevant privately owned land and conduct its authorised activities in compliance with the requirements of the legislation including the:

Mineral Resources Act 1989 (Qld)
Regional Planning Interests Act 2014 (Qld)
Environmental Protection Act 1994 (Qld).

If there is a compensation agreement the parties must comply with it. If the Land Court has made orders concerning compensation or other matters, the parties must comply with those orders.

After the time that the compensation agreement is made (or the Court has made its orders as to compensation) the parties have the right to seek further relief from the Land Court if there is a ‘material change of circumstances’ within the meaning given to that term by the Mineral Resources Act 1989 (Qld).

Authorised activities for coal and minerals within that part of privately owned land defined as a priority agricultural area or a strategic cropping land area with respect to certain types of tenure, may only be undertaken in accordance with the requirements of the Regional Planning Interests Act 2014 (Qld).

The Water Act 2000 (Qld) regulates impacts on water bores with respect to authorised activities carried out pursuant to specified tenure issued under the Mineral Resources Act 1989 (Qld).

The holder of a mining claim or mining lease is not required to comply with the Land Access Code, is not required to issue a notice prior to commencing preliminary activities or negotiate a conduct and compensation agreement, deferral or opt out agreement prior to commencing advanced activities under the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld).

Please get in touch with us if you wish to discuss this area: our team is experienced and ready to help.

A landowner’s burden in claiming compensation under the Mineral Resources Act 1989 (Qld)

Find out if your land is subject to tenure issued under the MRA, and the likelihood of the application for, or development of, a mining lease on your land by using the Queensland Government’s website search tool.

The Decision

The Land Court decision in Pembroke Olive Downs Pty Ltd v Balanced Property Pty Ltd; Pembroke Olive Downs Pty Ltd v Namrog Investments Pty Ltd (No 2) [2024] QLC 26 was delivered on 10 December 2024 and provides much guidance to parties involved in a compensation dispute.

The Land Court determined compensation resulting from the grant of mining leases pursuant to the Mineral Resources Act 1989 (Qld) (the “MRA”) and awarded compensation to the owners of land for diminution in the value of the land and its improvements, transaction costs to acquire replacement land, and the s.281(4)(e) 10% uplift. The Court did not award compensation for agistment costs nor for the costs of relocating cattle.

In its consideration of the respondent landowners claims for compensation, the Land Court identified a fundamental problem for landowners claiming compensation relevant to cattle operations on the land which are in fact operated by a different entity to that which owns the land.

The MRA defines the ‘owner’ of freehold land as the registered owner of the land. The Land Court found that the owner of the land is entitled to compensation resulting from the grant of the mining lease under the Act; but not the trading entity which owns the cattle and operates the cattle enterprise on the land which is not the owner of the land.

“It is unsurprising that the legislature did not contemplate a split between the ownership of the land and the fruits of a cattle operation on the land. The owners are correct that there are many reasons why complex structures exist: tax minimisation, preservation of family interests for succession planning or in the event of divorce, asset protection in the event of insolvency, or even redressing imbalances in estate distribution.

None of these things appear to be within the contemplation of the legislature …

People are free to manage their affairs in whatever way they wish and can take the benefit of those decisions. But they must also accept the burdens of those structures if they are not the owner of the land as defined by the MRA.”

This particular aspect of the decision will likely be of great practical interest to both landowners and their professional advisers in the structuring and operation of businesses conducted on that land.

Key Takeaways

Commonly rural enterprises employ a number of structures and strategies to operate a business, which commonly separates land holdings from the business and cattle ownership. There are a myriad of reasons for this in the modern economic and legal landscape within which sits the agricultural industry.

However, the MRA simply does not contemplate this split nor does it recognize it in the entitlements to claim compensation for losses resulting from mining leases.

The decision demonstrates that if you own land and you set up structures which own cattle and run the cattle enterprise in different entity/ies and the Land Court is determining the compensation payable as a result of mining leases on your land, then you will need to carefully consider what losses are suffered (and by whom) arising from the cattle operations (if any) and the evidence the Land Court will require.

For example, relevant considerations may include:

the instructions to the experts concerning the cattle operations;
the financial books of account for the owner of the land, the owner of the cattle and the entity conducting the cattle operations;
the detail of the cattle operations on the land;
any agreement, whether it be in writing or informal, between the owner of the land, the owner of the cattle, and the entity which operates the cattle enterprise.

Conclusion

If your land is subject to a mining lease (or an application for one), we recommend that you obtain appropriate valuation, legal and accounting advice as to any likely losses resulting from the grant of the mining leases, who is suffering those losses, and how the owner of the land may be positioned (or not) to recover them by compensation claimed under the MRA.

Specific advice should be sought if you have structured your business operations and land holdings in separating the ownership of land from the ownership of cattle and the conduct of the business operations on the land.

We recommend that you seek:

legal advice on the terms of any agreements (e.g. lease, agistment agreement, license) or informal arrangements between the owner of the land, the owner of the cattle, and the entity which runs the cattle operations on the land;
accounting advice as to how the financial accounts and reporting of the landowner, cattle owner, and cattle operations are undertaken.

In your circumstances, as the owner of land will you suffer any loss resulting from the grant of the mining lease with respect to the uses of the land (e.g. cattle operations)?

If so, how is that loss evidenced?

Considerations may include for example:

the relevant entities financial accounts and reporting?
what records of the day to day cattle operations are kept?
how are the cattle operations recorded?
does any agreement deal specifically with the rights of compensation for resources activities on the land?
does any agreement impose any obligations on the landowner with respect to the cattle operations and the entity that conduct them on the land?

Such matters are likely to be pertinent to determining the entitlement, extent and scope of compensation arising in connection with cattle operations which may or may not be claimed by a landowner under the MRA resulting from a mining lease on the land.

Need help with Energy and Resources Law?

The law relating to Energy and Resources is ever-changing and our experienced team is able to advise and negotiate on behalf of both resource companies and private landowners.

If you are unsure as to whether you can make a claim, please contact our Toowoomba, Roma and Warwick office so we may assist with your enquiry.

Please call us today on 07 4637 6300 or contact us.

Petroleum and Gas

What can we do?

You might already have petroleum activities conducted on land that you own, or you might have been approached about proposed new petroleum activities.

Our team can assist you with all matters relating to petroleum tenures. 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 tenure.

We assist clients with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to the petroleum activities and tenure.

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 in regards to access by the holders of exploration tenure to carry out authorised activities with respect to petroleum and gas including:

negotiation of access, 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 written permission to access restricted land
negotiation of rules of conduct and terms of access
opt out agreements
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
determination of compensation
enforcement and compliance of agreements and any Court orders
claims for further compensation and material changes of circumstances
compliance and breach of agreement
dispute and conflict resolution
statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
make good obligations concerning impacts on your water bores 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)
complaints to Land Access Ombudsman or Coexistence Queensland
representation in court proceedings

Want more information?

Conventional natural gas and other petroleum products such as oil in Queensland are regulated by legislation including the Petroleum and Gas (Production and Safety) Act 2004 (Qld), the Petroleum Act 1923 (Qld), the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld), the Regional Planning Interest Act 2014 (Qld), and the Environmental Protection Act 1994 (Qld).

To explore for, extract, or produce natural gas and petroleum products, it is authorised by a tenure issued under either the Petroleum and Gas (Production and Safety) Act 2004 (Qld) or the Petroleum Act 1923 (Qld). These tenures include:

authorities to prospect;
petroleum leases;
petroleum facility licenses and petroleum pipeline licenses;
petroleum survey licenses, water monitoring authorities and data acquisition authorities.

Generally, the holder of any of these tenures 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:

Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);
Mineral and Energy Resources (Common Provisions) Act 2014 (Qld);
Regional Planning Interest Act 2014 (Qld);
Environmental Protection Act 1994 (Qld.

The authorised activities on privately owned land must comply with the mandatory provisions of the Land Access Code (excluding water monitoring authorities issued under Petroleum Act 1923 (Qld).

Please get in touch with us if you need assistance with any mining exploration matters: our team is experienced and ready to help.

Do the changes to Coal Seam Gas Insurance Coverage apply to your rural property?

Protection from local government charges and rates: Coal Seam Gas (CSG) petroleum exploration and production

Petroleum Facilities

What can we do?

Our team can assist you with petroleum facilities whether they are currently operating or constructed on the land you own, or when you are approached about a proposed new petroleum facility.

This might not be a new area to you, or you might not previously have had dealings with petroleum facilities. Often , we find that our clients might have been approached in relation to a proposed new facility and may be seeking assistance with their rights, obligations and entitlements.

We have the knowledge and experience to assist you to navigate this area of law, from first being approached through to compliance, complaints, leases, agreements, permits and compensation.

We will continue to support you during the life cycle of the petroleum facility and tenure.

We can also assist you in the swift navigation and resolution of noncompliance, complaints, conflicts or disputes.

If negotiations fail – our team provides representation in court.

Our team is experienced in assisting owners and occupiers of privately owned land in regards to access by the holders of petroleum tenure to carry out authorised activities with respect to petroleum facilities including:

negotiation of petroleum facility land including:
- option to lease or option for easement
- lease or easement
- written permission
- construction licenses
- access agreements
part 5 permission to take petroleum facility 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
waiver of entry notices
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
compliance and breach of agreement disputes and claims
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 your water bores 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)3

Want more information?

Since this is an area that people often come to when they are approached for a new petroleum facility, or when people are experiencing issues with existing facilities it may be useful to have a basic understanding of what is a petroleum facility. If you have received correspondence or are beginning your own research into the area we have set out below a general summary of the area to give a broad overview of the area.

A petroleum facility is a facility for the distillation, processing, refining, storage or transport of petroleum (which is not a distribution pipeline) for the purposes of the Petroleum Act 1923 (Qld) and Petroleum and Gas (Production and Safety) Act 2004 (Qld). For example, it may include a storage depot, meter station, oil refinery, LPG separation plant, petroleum processing plant, or compressor station.

A holder of a petroleum lease issued or petroleum pipeline license 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 tenure and requirements of that legislation.

But, if a petroleum facility is to be constructed and operated outside the area of the petroleum lease or petroleum pipeline license, then there are different requirements which apply to that facility prescribed by the Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld). In this case, three conditions apply which we deal with below in more detail.

Firstly, a ‘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 access route of the proposed petroleum facility outside the area of a petroleum lease or pipeline license.

Secondly, a ‘petroleum facility 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 petroleum facility commences outside the area of a petroleum lease or pipeline license.

Thirdly, the facility may only be constructed and operated on ‘petroleum facility land’ outside the area of a petroleum lease or petroleum pipeline license. Petroleum facility 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 facility license may apply to the relevant Queensland government minister to take the land required for the facility by way of a compulsory acquisition process.

The holder of any of the petroleum survey license and facility 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).

Regardless of whether the facility is constructed and operated under a petroleum lease or a petroleum facility license, the authorised activities on privately owned land must comply with the mandatory provisions of the Land Access Code and any conditions of the applicable petroleum lease or facility 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 for survey licenses, authorised activities under the facility 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 facility 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.

Do the changes to Coal Seam Gas Insurance Coverage apply to your rural property?

Petroleum Pipelines

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.

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.

Do the changes to Coal Seam Gas Insurance Coverage apply to your rural property?

Coal Seam Gas (CSG)

Coal Seam Gas

What can we do?

You might already have CSG activities conducted on land that you own, or you might have been approached about proposed new CSG activities.

Our team can assist you with all matters relating to CSG activities and tenure. 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 tenure.

We assist clients with the swift navigation and resolution of all issues about compliance, compensation, access or any other matters related to CSG activities and tenures.

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 for access by the holders of exploration tenure to carry out authorised activities with respect to petroleum and gas including with respect to:

negotiation of access, 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 written permission to access restricted land
opt out agreements
exemptions to conduct authorised activities on 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
determination of compensation
claims for further compensation and material changes of circumstances
compliance and breach of agreement
dispute and conflict resolution
statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
complaints to Land Access Ombudsman
representation in court proceedings
make good obligations concerning impacts on your water bores 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?

CSG is a natural gas found in coal deposits. These coal seams or deposits are generally filled with water and the CSG is extracted by drilling wells into the coal seams. CSG in Queensland is regulated by legislation including the:

Petroleum and Gas (Production and Safety) Act 2004 (Qld)
Petroleum Act 1923 (Qld)
Mineral and Energy Resources (Common Provisions) Act 2014 (Qld)
Regional Planning Interest Act 2014 (Qld)
Environmental Protection Act 1994 (Qld)
Water Act 2000 (Qld).

To explore for, extract, or produce CSG, it is authorised by a tenure issued under either the Petroleum and Gas (Production and Safety) Act 2004 (Qld) or the Petroleum Act 1923 (Qld). These tenures include:

authorities to prospect;
petroleum leases;
petroleum facility licenses and petroleum pipeline licenses;
petroleum survey licenses, water monitoring authorities and data acquisition authorities.

The holder of any of these tenures has the right to access & conduct ‘preliminary activities’ on privately owned land after the issue of a prescribed notice and in compliance with the requirements of legislation including the:

Petroleum Act 1923 (Qld) or Petroleum and Gas (Production and Safety) Act 2004 (Qld);
Mineral and Energy Resources (Common Provisions) Act 2014 (Qld);
Regional Planning Interest Act 2014 (Qld);
Environmental Protection Act 1994 (Qld).

The authorised activities on privately owned land must comply with the mandatory provisions of the Land Access Code (excluding water monitoring authorities issued under Petroleum Act 1923 (Qld).

Subject to limited exceptions, 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.

If access is required over privately owned land outside the area of the tenure, then an access agreement is generally required to be negotiated.

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 agreement, that legislation also provides jurisdiction for the Land Court to determine the issues in dispute (e.g. compensation and any contractual conditions).

The Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) establishes a framework of rules about authorised activities on that part of privately owned land defined as “restricted land”. Those rules will vary depending on the type of tenure, and whether the application for the applicable tenure was made before or after 27 September 2016.

Other than with respect to petroleum survey licenses, data acquisition authorities or water monitoring programs, authorised activities under the relevant tenure within that part of privately owned land defined as a ‘priority agricultural area’ or a ‘strategic cropping area’ may only be undertaken in accordance with the requirements of the Regional Planning Interests Act 2014 (Qld).

The Water Act 2000 (Qld) regulates impacts on water bores with respect to authorised activities carried out by the holder of tenure issued under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004.

If you wish to discuss this area or would like any assistance please get in touch with us.

Do the changes to Coal Seam Gas Insurance Coverage apply to your rural property?

Protection from local government charges and rates: Coal Seam Gas (CSG) petroleum exploration and production

Coexistence with energy and resource activities

What can we do?

You might already have a complaint or dispute with a holder of a resource tenure or a renewable energy project, or a complaint concerning resource or energy activities on your land. You might have been approached about negotiating a conduct and compensation agreement, a contract to permit renewable energy activities to be carried out on your property. You may have been issued with a formal notice concerning the negotiations of a conduct and compensation agreement. We can assist in all these instances.

Our team can assist you with all matters relating to disputes and complaints concerning resource and energy activities on your land. Critically, we can assist with complaints to the Land Access Ombudsman, Mining and Petroleum Registrars, and otherwise make submissions to the relevant Queensland government minister, department or provide information about your experience to Coexistence Queensland.

We can assist with the swift navigation and resolution of all issues about compliance, claims and complaints.

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 clients with respect to the various complexities and issues concerning the reality of co-existence including:

review and advice on contractual and legal obligations
negotiations
contracts
objections and complaints
dispute resolution and conflict management
representation in court proceedings

Want more information?

Much has been made of the desire in Queensland for owners and occupiers of privately owned land to ‘co-exist’ with the holders of resource tenure and the conduct of both the authorised resource activities conducted pursuant to those tenures and the activities of the owners and occupiers of the land.

Co-existence is generally defined as ‘the state of being together in the same place at the same time’.

However, for landowners and occupiers, co-existence brings with it many obligations they would not otherwise have, including managing competing bids to use their land and its resources by those given legal rights to access the land.

Not only do landowners and occupiers have to manage being together at the same place and time with energy and resource industries with respect to planning and operating agricultural operations and land uses, they also have to manage the contractual obligations held with each of the resource tenure holders and/or renewable projects proponents.

Careful management of those contractual obligations to those who hold interests in the land and its resources will ensure the minimisation of disputes, conflict or incurring unwanted loss or damage. However, without careful management, there is a risk landowners and occupiers may inadvertently breach a contract condition, breach a legislative obligation, or incur unnecessary legal liabilities or obligations: exposing the landowner and occupier to potential liability.

In Queensland, there is a legislative framework to assist landholders in negotiations or dealings with the energy and resources industries in Queensland.

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.

In addition, the process prescribed by the Land Access Ombudsman Act 2017 (Qld) assists the occupiers and owners of privately owned land, and the energy and resource sectors resolve disputes concerning land access.

Land access disputes which can be referred to the Land Access Ombudsman are disputes over a conduct and compensation agreement negotiated under the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld), or a make good agreement negotiated under the Water Act 2000 (Qld).

Please get in touch with us if you need assistance with any mining exploration matters: our team is experienced and ready to help.

Renewable Energy (Wind)

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?

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.

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.

Proposed Call In Notice for Marmadua Energy Park

In 18 March 2025, the Deputy Premier, Minister for State Development, Infrastructure and Planning, and Minister for Industrial Relations, issued a proposed call in notice pursuant to section 102(2) of the Planning Act 2016 (Qld).

This means the Deputy Premier is giving notice that he is “… proposing to call in and assess and decide a development application …” with respect to the wind farm development project known as Marmadua Energy Park.

The Marmadua Energy Park wind farm development project is approximately 23 kms east of Tara and 41 km south-west of Dalby in Queensland. The project involves up to 183 wind turbines, a battery energy storage system and ancillary infrastructure (e.g. substation), and is presently undergoing the relevant assessment process for the necessary approvals required from both Queensland and Commonwealth Governments.

If you are interested in the Queensland Government’s assessment of the development applications made for this project, documentation is available from the State Assessment and Referral Agency (“SARA“) website using the following Application reference 2412-44019 SDA.

Pursuant to section 91 of the Planning Act 2016 (Qld), the power to issue a proposed call in notice only arises if the matter involves, or is likely to involve, a State interest.

Schedule 2 of the Planning Act 2016 (Qld) defines a State interest means

“… an interest that the Minister considers—

(a) affects an economic or environmental interest of the State or a part of the State; or

(b) affects the interest of ensuring this Act’s purpose is achieved.”

The proposed call in notice asks for written representations to be made to the Deputy Premier by no later than 5.00 pm on 19 May 2025 about the proposed exercise of his power under the Planning Act 2016 (Qld) to call in the development application, and specifically about:

“whether or not the proposed development involves a state interest
whether or not [the Deputy Premier] should exercise [his] powers to call in the development application
any matter stated in this proposed call in notice.”

This means community members, local governments, and other stakeholders are entitled to lodge properly made submissions.

Within 20 business days from 19 May 2025, if the Deputy Premier decides to call in the development application made by the proponent of the Marmadua Energy Park, then the Deputy Premier has the power to give a call in notice under section 103 of the Planning Act 2016 (Qld).

The effect of the call in notice issued, is stated in section 104 of the Planning Act 2016 (Qld), and the Deputy Premier may determine the called in development application under section 105 of the Planning Act 2016 (Qld).

Please get in touch with our team if you would like more information or assistance in preparing your written representations with respected to the proposed call in notice.

Proposed Call In Notice for Middle Creek Energy Hub

On 18 March 2025, the Deputy Premier, Minister for State Development, Infrastructure and Planning, and Minister for Industrial Relations, issued a proposed call in notice pursuant to section 102(2) of the Planning Act 2016 (Qld).

The Middle Creek Energy Hub is approximately 10 kms east of Wandoan in Queensland. The project involves up to 110 wind turbines, a battery energy storage system and ancillary infrastructure (e.g. substation), and is presently undergoing the relevant assessment process for the necessary approvals required from both Queensland and Commonwealth Governments.

Pursuant to section 91 of the Planning Act 2016 (Qld), the power to issue a proposed call in notice only arises if the matter involves, or is likely to involve, a State interest.

Schedule 2 of the Planning Act 2016 (Qld) defines a State interest means

“… an interest that the Minister considers—

(a) affects an economic or environmental interest of the State or a part of the State; or

(b) affects the interest of ensuring this Act’s purpose is achieved.”

“whether or not the proposed development involves a state interest
whether or not [the Deputy Premier] should exercise [his] powers to call in the development application
any matter stated in this proposed call in notice.”

This means community members, local governments, and other stakeholders are entitled to lodge properly made submissions.

Within 20 business days from 19 May 2025, if the Deputy Premier decides to call in the development application made by the proponent of the Middle Creek Energy Hub project, then the Deputy Premier has the power to give a call in notice under section 103 of the Planning Act 2016 (Qld).

Please get in touch with our team if you would like more information or assistance in preparing your written representations with respected to the proposed call in notice.

Renewable Energy (Solar)

What can we do?

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?

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.

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.

Geothermal Energy

What can we do?

You may already have entered into an agreement, or have existing activities, associated with geothermal energy on your land. You may have just been approached in relation to a geothermal energy matter.

Our team has the knowledge and experience to assist you to navigate this area of law. We can assist for permits, access, compensation and rules.

We will continue to support you during the life cycle of the geothermal activities and tenure.

We assist our clients in the swift navigation and resolution of conflicts or disputes.

If negotiations fail – our team provides representation in court.

Our team is experienced in assisting owners and occupiers of privately owned land in regards to access to carry out authorised activities with respect to geothermal energy including with respect to:

negotiation of access, 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 written permission to access restricted land
opt out agreements
exemptions to conduct authorised activities on 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
determination of compensation
claims for further compensation and material changes of circumstances
compliance and breach of agreement
dispute and conflict resolution
statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
complaints to Land Access Ombudsman
representation in court proceedings

Want more information?

This is an area that people often become aware of when they are approached for geothermal activities on their property. It may be useful to have a broad background of what geothermal energy encompasses. Below is a general overview of the area.

Geothermal energy is defined as heat energy derived from the earth’s natural (subsurface) heat. In Queensland it is regulated by legislation including the Geothermal Energy Act 2010 (Qld), the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld), the Regional Planning Interest Act 2014 (Qld), and the Environmental Protection Act 1994 (Qld).

Geothermal exploration permits and geothermal production leases are issued pursuant to the Geothermal Energy Act 2010 (Qld) and authorise the applicable authorised activities to be carried out on privately owned land in Queensland.

The holder of these tenures has the right to access & conduct ‘preliminary activities’ on privately owned land after the issue of a prescribed notice and in compliance with the requirements of legislation including the:

Geothermal Energy Act 2010 (Qld);
Mineral and Energy Resources (Common Provisions) Act 2014 (Qld);
Regional Planning Interest Act 2014 (Qld);
Environmental Protection Act 1994 (Qld.

The authorised activities on privately owned land must comply with the mandatory provisions of the Land Access Code.

If access is required over privately owned land outside the area of the tenure, then an access agreement is generally required to be negotiated.

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 agreement, that legislation also provides jurisdiction for the Land Court to determine the issues in dispute (e.g. compensation and any contractual conditions).

Authorised activities under the relevant tenure within that part of privately owned land defined as a priority agricultural area or strategic cropping land areas may only be undertaken in accordance with the requirements of the Regional Planning Interests Act 2014 (Qld).

Our team can assist you with matters involving geothermal energy, if you have any queries please get in touch.

Greenhouse Gas Storage

What can we do?

Our team has experience working with owners and occupiers of land in relation to greenhouse gas storage.

There are new restrictions and bans in place from 2024 which our team is across.

We work with our clients to navigate this unique area of law and realise their desired outcomes. This area of law requires a lot of negotiation, something our team has a lot of experience with. We can assist our clients with quick, practical and efficient negotiation in this area.

Our team is experienced in assisting owners and occupiers of privately owned land in regard to access by the holders of exploration tenure to carry out authorised activities with respect to greenhouse gas storage including:

negotiation of access, 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 written permission to access restricted land
opt out agreements
exemptions to conduct authorised activities on 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
determination of compensation
claims for further compensation and material changes of circumstances
compliance and breach of agreement
dispute and conflict resolution
statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
complaints to Land Access Ombudsman or Coexistence Queensland
representation in 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 pieces 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. Greenhouse gas storage in Queensland refers to the storage of captured carbon dioxide in geological reservoirs. In Queensland a resource authority is required prior to undertaking any greenhouse gas storage activities.

The exploration or production activity with respect to greenhouse gas storage areas is authorised by greenhouse gas (GHG) authorities issued pursuant to the Greenhouse Gas Storage Act 2009 (Qld) including:

GHG exploration permit
GHG injection and storage lease
GHG injection and storage data acquisition authority

In 2024 greenhouse gas storage and injection activities under the Greenhouse Gas Storage Act 2009 (Qld) were permanently banned within the area of the Great Artesian Basin in Queensland. The ban defines the Great Artesian Basin in Queensland as the area on or below the surface of the plan area under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017.

Outside the area of the Great Artesian Basin in Queensland, a GHG tenure authorises the conduct of authorised activities within the area of that tenure subject to complying with the legislation’s requirements in Queensland.

The holder of these GHG tenures has the right to access & conduct ‘preliminary activities’ on privately owned land after the issue of a prescribed notice and in compliance with the requirements of legislation including the:

Greenhouse Gas Storage Act 2009 (Qld);
Mineral and Energy Resources (Common Provisions) Act 2014 (Qld);
Regional Planning Interest Act 2014 (Qld);
Environmental Protection Act 1994 (Qld.

The authorised activities on privately owned land must comply with the mandatory provisions of the Land Access Code and the conditions of the applicable GHG tenure

If the holder of the tenure intends to conduct ‘advanced activities’ on privately owned land, generally a contract needs to be negotiated pursuant to the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld). This contract may be an opt out, deferral, or conduct and compensation agreement.

If access is required over privately owned land outside the area of the tenure, then an access agreement is generally required to be negotiated.

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 agreement, that legislation also provides jurisdiction for the Land Court to determine the issues in dispute (e.g. compensation and any contractual conditions).

If you wish to discuss this area or would like any assistance please get in touch.

Resource Activities and Areas of Regional Interest

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?

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.

Resource Activities and Impacts on Water Bores

For many years, we have assisted water bore owners in Queensland.

Water is a precious commodity and bores have a direct bearing on rural property values.

The make good obligations to the owners of water bores by the holders of resource tenures in Queensland is of critical importance to bore owners, as is the likelihood of, or actual, impairment to water bores by resource activities

It may be that you have been approached by a holder of a resources tenure concerning your water bore, or you may consider that your bore has been impaired by the underground water rights being exercised by a holder of a resources tenure.

What can we do?

You might already have a make good agreement, bore assessment or baseline assessment for your bore, or you 3might have been approached about a new agreement or assessment. You might also be seeking to enforce rights and entitlements concerning your impaired water bore.

Our team can assist you with all matters relating to your water bore. Critically, we can assist with negotiations, getting appropriate make good measures, compensation, access and agreements.

We assist our clients with the swift navigation and resolution of all issues about compliance.

If negotiations fail or any compliance issues cannot be resolved informally our team provides representation in court.

Our team has the knowledge and experience to assist our clients navigating the statutory processes applicable to this area of law, and both understanding and exercising their rights and entitlements.

Our team is experienced in assisting and advising the owners of water bores with respect to the impacts caused by the exercise of underground water rights by resource tenure holders. This includes with respect to:

baseline assessments
bore assessments
make good agreements
hydrogeological assessment and identification of impacts
determination of impaired capacity
determining fair compensation
determining appropriate and fair make good measures
statutory dispute resolution and negotiation processes including compulsory conferences, mediation, arbitration and settlement conferences
material change of circumstances claims
obligations to negotiate a variation of make good agreements
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 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 chapter 3 of the Water Act 2000 (Qld) requires the holders of ‘resource tenure’ to manage impacts on the underground water caused by the exercise of underground water rights by the holders of those tenures.

Resource tenure is defined as including:

‘mining tenure’ which includes mineral development licenses and mining leases issued pursuant to the Mineral Resources Act 1989 (Qld); and
‘petroleum tenure’ which includes the authorities issued pursuant to the Petroleum and Gas (Production and Safety) Act 2004 (Qld) and the Petroleum Act 1923 (Qld)

Resource tenures give the holders the rights to take underground water. Accompanying these rights, are obligations to comply with the underground water management framework in the Water Act 2000 (Qld) including the undertake bore assessments and make good water bores with impaired capacity in certain circumstances.

There is a specific dispute resolution and negotiation process prescribed by the Water Act 2000 (Qld) with respect to the negotiation of a make good agreement. If the parties fail to negotiate the agreement, that legislation also provides jurisdiction for the Land Court to determine the issues in dispute (e.g. compensation, make good measures and obligations, and any contractual conditions).

The Water Act 2000 (Qld) also provides for the negotiation of a variation to a make good agreement.

If you wish to discuss this area or would like any assistance please get in touch.

Resource Activities and Environmental Management

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?

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.

Biosecurity Management

What can we do?

You might already have a biosecurity management plan in place for the land you own and/or occupy. You might be updating that plan, or developing one to deal with specific issues and challenges. You may wish to ensure you discharge your legal obligations including with respect to the activities of visitors or those who enter your land pursuant to legal rights. We can assist in all those instances.

Our team has many years of experience working with owners and occupiers of rural land in many capacities. One of the areas that owners and occupiers of rural land often need assistance with is appropriately and practically discharging their biosecurity obligations.

We routinely work with clients to develop and implement a comprehensive and practical biosecurity management system in the regulation of their own activities. We also work with our clients in developing and implementing procedures for vehicles accessing our clients’ land.

We assist our clients in developing property maps and plans to use with biosecurity systems.

It may be that you have specific industry or business activities on your land, or specific biosecurity concerns. Otherwise, you may face the challenge of how to deal with your biosecurity obligations in the face of the holders of resource tenures, utilities and other visitors conducting activities on your land, or simply accessing your land.

We can support our clients from their initial enquiry right through to providing advice, negotiation with access, contractual conditions, compensation, disputes and court proceedings.

Our team is experienced in assisting and advising the owners and occupiers of rural land in not only discharging their own legal obligations concerning biosecurity, but also with respect to the activities conducted by those who have legal rights to enter privately owned land such as utility providers, energy and resources industries.

We assist our clients in preparing a robust biosecurity management plan, drafting vehicle procedures and mapping to regulate their own activities on the land, but also those of visitors and guests.

Our team is experienced in liaising and coordinating with our clients’ veterinarians, agronomists, ecologists and property managers in achieving practical and enforceable outcomes to biosecurity risks. We commonly coordinate and work with mapping, vehicle wash down and other consultants in the development of these biosecurity plans.

Also, with respect to land access by the energy and resource sector, we are experienced in dealing with the issues concerning biosecurity with respect to:

contractual conditions
determination of compensation
compliance and complaints
further claims for compensation
statutory dispute resolution and negotiation processes
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.

In Queensland, owners and occupiers of rural land have legal obligations with respect to the management of biosecurity upon that land pursuant to the Biosecurity Act 2014 (Qld).

The energy and resources industry also have legal obligations with respect to biosecurity when conducting activities on privately owned land.

Issues and disputes over biosecurity management are common in the negotiation or requests for access to privately owned land by the energy and resources sector.

Biosecurity risks and concerns is not limited to weeds and plants, but extends to animals, virus, bacteria and disease.

Please get in touch if you would like to discuss anything concerning biosecurity.

Coal Seam Gas
Compensation Agreements
Land Access Agreements
Resumptions & Acquisitions
Deferral Agreements
Easements
Representation in the Land Court

Get In Touch

Contact our firm for advice on your matter today. We have offices in Toowoomba, Roma and Warwick, and will provide the advice you need during an often difficult time.

Upstanding Neighbours, Outstanding Lawyers

Upstanding Neighbours, Outstanding Lawyers

Energy and Resources

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