Wednesday, 22 August 2012

Landowners can now see online local mining activity

Landowners are now to have free access to information about resource company activities on their properties and in their local areas.
The new online search provides a clearer method for Landowners to know what permits for what resource companies have been issued in their area.

The new online search is available at
Landowners can enter into the online search the Lot and Plan for their property and a report will be emailed to their nominated address.

Are you aware who has a permit over your Land?

Monday, 6 August 2012

Signing your rights away? Get it checked first....

I am going to tell you something that most resource companies wouldn't want you to know.........

You should never really sign something a resource company gives you to sign without speaking to a lawyer.

In 2010 new laws came into effect in regard to land access in Queensland. The new laws split types of Activities that resource companies want to do on Landowners Land into two categories:-

1. Preliminary Activities; and
2. Advanced Activities.

Generally, Preliminary Activities are things that do not impact your land or your business. Advanced Activities are anything over and above that.

An example of a Preliminary Activity is say a surveyor walking around your property.

An example of an Advanced Activity is someone drilling a core hole on your land or a seismic survey.

Provided the correct notices are given, under the new laws, a resource company can conduct their Preliminary Activities on your land without signing any form of agreement with you. They just need to give you 10 business days notice and a pile of paperwork.

You need to be careful about signing anything here though, in case you accidentally sign away your right to receive these 10 business days notice.

So, if a resource company can just come onto your land for Preliminary Activities without an agreement, you don't need to sign anything. 

If a resource company wants to say drill a core hole or build a gas well then this is an Advanced Activity and they are required to enter into an agreement with you in regard to conduct and compensation. On top of receiving compensation, Landowners are entitled to have their reasonable legal, accounting and valuation fees reimbursed to them for the negotiation of these agreements.

So, you might ask yourself.... Why would I sign anything if I can get it looked over by a lawyer and recover reasonable legal costs and just get it checked out?

So, in summary:-

1. If a resource company is performing Preliminary Activities, they don't need your signature to come on, so don't sign;
2. If a resource company is performing Advanced Activities, then you are entitled to have your reasonable accounting, valuation and legal fees reimbursed, so don't sign til you seek advice!

First Post

This is my first post on my new blog which I have decided to create for the benefit of Landowners in Queensland. I am a lawyer who works predominantly in the area of compensation agreements for Landowners. I am based in Central Queensland.

I am hoping that by creating this blog I can assist in informing Landowners of their rights and to keep them up to date with Land Court decisions and changes in the law that might affect them.

I hope that my blog will provide Landowners with an easy to read guide to Land Access in Queensland.