Rookwood & Eden Bann Weir Update

Melanie Findlay will be speaking at two AgForce Events on Thursday 23 June.

1. Duaringa Golf Club at 10am
2. Alton Downs Hall at 3pm

Other speakers include Geraldine Squires from the Lower Fitzroy River Infrastructure Project Team and Ralph Woolley from the Gladstone Area Water Board.

RSVP to Sharon Howard by email to howards@agforceqld.org.au

Rookwood Weir Funding

Rookwood Weir Funding - more questions than answers

Whilst anything that supports Agriculture is welcomed by Central Queensland locals, the Rookwood Weir $130M funding announcement may have came as a surprise to those that will be directly impacted by the effects of the infrastructure.

Late last year meetings with Landholders affected by the Weir as well as Eden Bann were held across CQ. Whilst most landholders were happy with the possible opportunities the Weirs could create two very important issues were debated and are still being debated now.

Firstly, landholders directly affected by the Weir by possibly inundation easements were quite surprised at the lack of notice and consultation in regard to the EIS process.

Agforce invited landholders to attending meetings in August last year at Alton Downs and Duaringa to discuss and find out more information about the Weir Projects. At these meetings, some Landowners commented that they were only alerted to the EIS process and the possible impacts to their properties by their local Agforce representative. GHD EIS Consultant, Geraldine Squires, at the meeting for Eden Bann advised that Landholders had been written to, although many at that meeting advised her that they had not received notices and that further they had not heard from any Weir representatives for some years. The audience at both the meetings held at both Alton Downs and Duaringa last year made it very clear that more consultation about the project was necessary. The words “Inundation” and “Resumption” are not nice words to hear and the key to keeping landholders positive in regard to these projects is more consultation.

Secondly, landholders have queried on more than one occasion how much water will cost once the infrastructure is built. A real problem for Landholders is the affordability of water allocations, electricity and irrigation equipment. Members of the Eden Bann meeting in Alton Downs expressed their concerns that once the price of water is fixed and advertised, it may then increase and be unaffordable. The same query was asked of the political hosts of the public consultation meeting held on 28 October 2015 . That query was never answered.

Funding for Agriculture is always welcomed in CQ, but more information and guidance for Landholders is required. If you have any queries about the EIS process, the process of land resumptions or require advice in regard to these projects please do not hesitate to contact Melanie Findlay of the Energy, Environment and Agribusiness Team at Rees R & Sydney Jones.

$10 Million State Funding for Rockhampton Road Train Access

Bill Byrne, Member for Rockhampton, has recently confirmed that the Rockhampton Region is set to receive $10M in funding from the Queensland Government’s State Infrastructure Plan to support Stage 1 of the Rockhampton Road Train Access upgrade.[1]

Bill Byrne has commented that “with this commitment we will be able to see the upgrade of both intersections at Moores Creek Road and Mushgrave [sic] Street and Queen Elizabeth Drive and Lakes Creek Road (Bridge Street) intersection.”[2]

The completion of Stage 1 of the Rockhampton Road Train Access upgrade will enable road trains to easily navigate through Rockhampton to the abattoirs and “ultimately save the industry time and increase freight efficiency”.[3]

With an economic study of Rockhampton’s Road Train Access completed and a route identified, construction works are due to commence in the first half of 2017.[4]

While this State funding announcement is welcomed news and will bring many benefits to the Rockhampton Region and the local industries, Rees R & Sydney Jones understands that local homeowners and landowners may have concerns about the proposed route and how the future plans of the Rockhampton Beef Loop Road (also referred to as the Rockhampton Ring Road or Rockhampton By-Pass) may impact on their properties.

If you have any queries or if you are approached by a government department or receive a notification outlining that your land or property is going to be resumed or taken, please do not hesitate to contact our Rural, Mining and Gas Partner, Melanie Findlay on (07) 4927 6333. Melanie has local experience in resumption matters and is happy to assist you to understand the resumption process and your rights.

Melanie’s previous article on “Uncertainty over Rockhampton’s Beef Loop Road“, may also be of interest to you.

References

[1] Melanie Plane , ‘VIDEO: $10M Rockhampton road train access proposed route‘, The Morning Bulletin; Queensland Government, ‘ Palaszczuk Government’s vision for Fitzroy infrastructure released‘ (Media Release, 13 March 2016).

[2] Melanie Plane , ‘VIDEO: $10M Rockhampton road train access proposed route‘, The Morning Bulletin.

[3] Ibid.

[4] Frazer Pearce, ‘POLL: What do you think of the proposed road train route?‘, The Morning Bulletin.

Are you impacted by the Emerald Flood Levee Banks?

Multiple flood events have caused considerable trouble and heartache for Emerald businesses and residents.  To better protect the city and minimise flood impacts, Central Highlands Regional Council have developed the Emerald Flood Protection Scheme ("EFPS").  The EFPS consists of several separate levee banks and was considered to be the most economic option for flood mitigation.

As with any development though, Council will need land for the levees to be constructed on and home owners may face the uncertainty of if the levee will go ahead and if their property will be ones of those Council needs.  In an already volatile property market, this has already caused effects on market value and saleability of homes in the area and left a few home owners in an uncertain position.  This uncertainty for home owners has led to Council releasing the Emerald Flood Protection Scheme Acquisition Policy.  This policy allows for a team of Council representatives to negotiate directly with home owners on a one-on-one basis for a voluntary option to acquire their property in the future. 

Any acquisition option negotiated will not proceed unless, and until, the final decision to proceed with the levies has been made.   The Acquisition Policy negotiations will be open to landowners for a period from 31 August, 2015, to 30 November, 2015 and Council has agreed to meet any reasonable legal and valuation costs incurred by the property owner negotiating an acquisition option with Council.

Directly affected landowners are not required to participate in these Acquisition Policy negotiations and if the levee proposal goes ahead, resumption action may be taken by Council for those properties not already covered by a voluntary acquisition option.

UPDATE ON THE GALILEE RAIL

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.