CONDUCTING SEARCHES WHEN PURCHASING A RURAL PROPERTY

When purchasing a rural property, there are a number of standard searches that can be conducted over a property that we recommend, including:

·         Local Area Mining Search – this search is a free search and advises of any mining or gas exploration activity or permits (applied for or granted) that may affect the property.

·         Local Council Rural Lands Search – this search advises of any orders issued under the Rural Lands Protection Act or Land Protection Act (Pest & Stock Route Management) Act 2002.  It will advise of any stock routes and pests that may affect the area.

·         Department of Agriculture, Fisheries and Forestry Land Status Search - the results of this search will include any chemical residue on the property, tick control and any quarantine issues that may affect the land at the present time or may have affected the land in the past. 

·         Department of Natural Resources and Mines Soil Conservation search – this search advises of any notices or judgements issued in relation to the property pursuant to the Soil Conservation Act 1986.

·         Powerlink Search – this search advises if there is any registered or proposed electrical works easement/s over the property that you as the buyer may not be aware of.

 If recommended searches are not obtained during the course of your conveyance then any issues, orders or notices affecting the property may become the responsibility of you as the new owner once settlement has been effected, so it is best to ensure that they are obtained for peace of mind.

Jade Scott is part of the Rural Division at local law firm Rees R & Sydney Jones.

Update on Galilee Basin State Development Area (GBSDA)

In November 2013, the Queensland Government released a paper entitled "Galilee Basin Development Strategy". In the document, great emphasis was placed upon the desire of the government to open up the Galilee Basin. One of the initiatives identified by the Government in achieving this aim was the streamlining of the land acquisition, planning and approvals process.

The Government has now released the fact sheet and a map of the proposed GBSDA and is undertaking consultation with various stakeholders. Included in the consultation will be landowners and the community affected by the proposed GBSDA.  The consultation will take place between January and March and the Government will consider feedback provided by stakeholders on the extent of the proposed GBSDA as well as a draft development scheme proposed for the GBSDA. The proposed GBSDA and the draft development scheme are available on the Department of State Development, Infrastructure and Planning website at www.dsdip.qld.gov.au/coordinatorgeneral/.  It is also proposed that officers of the Coordinator-General will visit Clermont, Moranbah, Collinsville and Glenden during March 2014 to have face-to-face meetings with some stakeholders.

If your property is within the area of the proposed GBSDA, then it is important that you are aware of the impacts that the declaration of the State Development Area and the likely impacts of the rail corridors may have on your property to enable you to make a meaningful submission to the Coordinator-General, so that all of the relevant impacts are properly considered.

If you need assistance or further information in relation to this, contact Andrew Palmer or Justin Houlihan at Rees R & Sydney Jones on 4927 6333.

 

 

Vegetation Offsets: a means of generating additional income while effectively managing your land.

All too often these days, landowners are being approached by resource companies seeking access to conduct activities that may disturb the landholder's grazing or farming enterprise possibly having a lasting negative impact on the land.  Recently, however, we have been assisting some landowners to enter into a new type of arrangement with resource and infrastructure companies that compensate landholders for managing the vegetation on their land. The companies engage landowners to manage the vegetation on their land in accordance with a vegetation management plan.

If your land contains quality regrowth or remnant vegetation, offsets may prove beneficial to your enterprise. Generally, areas suitable for offsets need to:

1. be larger than two hectares in size;
2. adjoin existing remnant vegetation; and
3. contain minimal weeds.

Under the Law, companies undertaking an offset project are required to secure their offset.  To do so, they will seek to enter into a legal agreement with the owner of the land on which suitable vegetation is to be preserved and managed.   In order to establish an offset area, a resource company will require security for the offset, usually by way of registration of a voluntary declaration on title. Furthermore, for the term of the agreement there will be restrictions on how you use your land.

For advice or information on vegetation offsets or for the review of any documentation, please contact Sarah Bell or Andrew Palmer at Rees R & Sydney Jones Solicitors on (07) 4927 6333.