The new draft Land Access Code 2016 is available for public consultation here
https://www.dnrm.qld.gov.au/__data/assets/pdf_file/0011/390485/land-access-code.pdf
The usual problems have not been removed from the Code. For example, the wash down provisions regarding weed management are still unfavourable for Landholders.
Part 15 covers the obligations on the parties to prevent spread of declared pests. The usual clause which requires a resource authority holder to “wash down” vehicles and machinery before entering private property remains. However, this is only a requirement if the risk of spreading the pest is likely to be reduced by the wash down.
The first problem is that the method of wash down is not specified and landholders have often advised our office of situations where the holders of a resource authority do not carry proper wash down certificates or certificates from third party wash down facilities.
The second problem is that it is usually the resource holder that decides that it is NOT likely that the pest will be spread.
Under the new Biosecurity Act 2014, landholders now have a higher onus of care placed upon them to make sure that pests and weeds are kept in check on their properties. It would be therefore desirable for the Land Access Code to be tightened up to give landholders the rights to reject dirty or contaminated vehicles and to insist on third party wash down facilities.
If you wish to make a submission regarding the Code or the new Regulations, submissions close on 12 August 2016.
The link to the site containing the new drafts is here:-
https://www.dnrm.qld.gov.au/our-department/corporate-information/policies-initiatives/mining-resources/legislative-reforms/mqra/consultation-draft-regulation
Contact our Energy, Environment & Agribusiness team on (07) 4927 6333 or at enquire@reesjones.com.au.
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