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

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?

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).

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
Greenhouse Gas Storage
Resumption and Acquisition
Resource activities and impacts on water bores
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

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.

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Upstanding Neighbours, Outstanding Lawyers

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