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.
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. Â
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).Â
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.Â
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. Â
Mining Production
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?
If you are coming to this area for the first time, or revisiting it after a long break, you will see that there are many integrated parts of legislation with many terms unique to the area. We have set out below a general summary of the area to give a broad overview for those people starting their research into the area.
The 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).Â
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.
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).Â
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. Â
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 Â 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. Â Â 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. Â Â
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.Â
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, Â 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.Â
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? Â
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?
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.
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).
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.Â
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. Â
Renewable Energy (Wind)
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.Â
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.Â
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).Â
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).
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 Middle Creek Energy Hub.Â
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.Â
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 2412-440010 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 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).Â
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.
- Coal Seam Gas
- Petroleum Facilities
- Petroleum Pipelines
- Geothermal Energy
- Greenhouse Gas Storage
- Renewable Energy (Solar)
- Resumption and Acquisition
- Resource activities and impacts on water bores
- Coexistence with energy and resource activities
- Resource activities and environmental management
- Resource Activities and areas of regional interest
- Biosecurity Management
- Coal Seam Gas
- Compensation Agreements
- Land Access Agreements
- Resumptions & Acquisitions
- Deferral Agreements
- Easements
- Representation in the Land Court
