In November late last year the State Government announced their Galilee Basin Development Strategy.
After months of consultation the size of the GBSDA has been reduced by 94 percent and new mapping has been released by the government. Currently the GBSDA is around 500 metres wide and it will apparently be further reduced. This is a good result for Landowners, but still further refinement of the area would provide more certainty for persons currently in “limbo”.
There have been statements made in the media that the declaration of the area will not affect Landowner’s rights. This is quite a naive statement. There is a large amount of difference between a landowner that has been negotiating with a private company who has limited rights to resume land, and the Co-ordinator General who can resume the Land and pay an amount of compensation specified by the law. There will be less commercial deals made and landowner’s rights to compensation and negotiation will be affected. Information on the mapping can be located here www.dsdip.qld.gov.au/gbsda.
If you are approached by a resource or rail company you should seek legal advice early in regard to the negotiations. There are differences in the process when you are negotiating with the government for a resumption compared to when you are negotiating with a private company for a sale or an easement. If you are approached, we have a specialised mining and resumption team who can give you advice. Please contact Melanie Oliver, Andrew Palmer, Amy Gudmann or Justin Houlihan at Rees R & Sydney Jones Solicitors on 4927 6333.