Landowner Time - can you claim it and how do you prove it?

It can be quite time consuming and inconvenient spending hours meeting with resource company representatives who want to do some drilling or exploring on your Land.   The question is “Can I charge the resource company for my time?”

Some resource companies are more generous than others.  They realise that your property is not only your home, but it is a business and time spent with them is not time on the Land. However, some companies take the unfortunate view that dealing with them is something just part of your job to manage your property and so they will not pay for Landowner Time.

The law states that if you are dealing with a gas or mining company who want to conduct Advanced Activities on your land you are entitled to receive compensation for any costs, damage or loss arising from the carrying out of the Activities.  The law does not specifically say anything about time.

Last year, the Land Court looked at the matter of Landowner’s time. The Land Court decided in that case, that the amount claimed by the Landowner for time was not payable by the resource company. The Land Court did say however that, Landowner time would only be paid “where such expenditure has been made and verified appropriately”.   So if a Landowner documents clearly and can verify the dates, times, reasons, conversations and parties to meetings, would the Land Court be more inclined to make an award of “time” to a Landowner?  The issue of Landowner Time is being looked at by the government so things could change to make things more certain.

Rees R & Sydney Jones provides assistance to Landowners to document their meetings and time spent with the company representatives to ensure that every occasion is recorded.  

If you would like further information or have any questions regarding to how best to document your meetings and your rights to Compensation, please give Andrew Palmer, Melanie Oliver, Amy Gudmann or Justin Houlihan a call on (07) 4927 6333. 

Water and the Resource Industry: Protecting Your Future

Think about your property – where does your water come from?  Dams?  Bores?  River?  A combination of those?  You might be one of those farmers or graziers that rely heavily on underground water sources as part of your day-to-day operations.  Have you ever considered what would happen if that underground water suddenly dried up? 

How can I protect my water supplies from coal mining or coal seam gas activities?

 

Coal Mining and CSG both extract huge volumes of ground water as part of their activities.  The closer you are to this activity, the higher the chance your water sources will be effected.  It is important that before a resource company starts their activities, both parties are aware of and agree on the current state of the water sources - current capacity, standing water levels, water quality etc.  This is usually called baseline data.   This information should be prepared by someone who has the relevant expertise.  It may be beneficial if the person collecting the information is independent of both you and the resource company, such as a hydro geologist or other expert.

You should also consider entering into what is called a “make good” agreement with the resource company.  This will cover ongoing monitoring of the water source, comparison with the baseline data, the identification of trigger levels for when a water source is considered impaired and what will happen if it is proven that the activities of a resource company have caused the decrease or loss of water.  A well drafted “make good” agreement will also include a provision for the refund of any fees paid by you for preparation of the agreement. 

If you would like any further information or have any questions regarding make good agreements or water agreements, please give Amy Gudmann, Andrew Palmer or Justin Houlihan at Rees R & Sydney Jones a call on (07) 4927 6333.  We can provide you with advice on a “make good” agreement to ensure that your business and your livelihood are protected.

Proposed changes to Resources Legislation

Discussion papers have recently been released by the Department of Natural Resources and Mines as part of the Modernising Queensland’s Resources Acts Program.  These papers address how to achieve a standardised consent framework for restricted land across all resources types, and propose changes in mining lease notifications and objections. 

The papers consider changing how a mining lease application under the Mineral Resources Act is advertised and the removal of the requirement to post a copy of the notice on the datum post.  This will require landowners to be more vigilant in monitoring advertisements which relate to mining projects which may have an impact on their land.

Currently, anyone can object to a Mining Lease Application.  However, under the proposed changes, only directly affected landowners and Local Governments will receive notification of the Mining Lease and have the right to object to the grant of the Mining Lease in the Land Court.

Substantial changes are proposed in the concept of “restricted land”.  Presently, the consent of a landowner is required if restricted land is to be included in the surface of the mining lease.  The proposed changes, if implemented, would eliminate “the hole” in a mining lease area which previously arose where a landowner did not consent to restricted land being included in the surface of the mining lease.  Changes are also proposed in how restricted land is identified and the distance within which activities are able to be conducted by the resource company is extended to 200 metres from a residence, Place of Worship, school or intensive animal husbandry.

It is important that landowners are aware of these discussion papers and the proposed amendments which are being considered.  Whilst the intent of most of the changes is to reduce cost and “red tape” and avoid duplication for resource companies, these proposed changes will have important implications for landowners and particular relevance to how they conduct negotiations for compensation with resource companies. 

If you have any questions in relation to this, please contact Andrew Palmer or Justin Houlihan at Rees R & Sydney Jones on 4927 6333.

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.

 

 

Buying Rural Property and checking for Conduct and Compensation Agreements

When purchasing a property these days, it is important for Buyers to know exactly what they are purchasing. 

With the mining industry in Queensland active, it is very rare to find a property for sale that does not have some form of exploration permit for mining or gas on it and without requesting the right information from the Vendor, Buyers may be purchasing a new property and inheriting 10 gas wells along with it. 

At Rees R & Sydney Jones, as a standard part of any rural conveyance we conduct a free Local Area Mining search on behalf of our clients.  This search reveals exactly what type of Permits or Claims are listed over the property being purchased.  However, these searches do not advise if the current Landowner has signed any Agreements to allow the Mining or Gas Company onto the property to conduct works.  These are called Conduct and Compensation Agreements.  That is why we recommend that our clients request copies of any Conduct and Compensation Agreements signed by the Vendor allowing mining or gas companies access to the property to conduct works.

Often a Vendor will sign a Conduct and Compensation Agreement prior to the Contract of Sale being signed.  Sometimes these agreements can last for years or even decades.  Often the Vendors are signing away their rights to certain areas of the property for which they will receive an amount of compensation. 

As Conduct and Compensation Agreements pass from Vendor to Purchaser, they therefore pass to the new owners upon completion of the conveyance.  However, the Vendor is the one who benefits from the Compensation, while the new owner is left with the damage to the property, especially if the works are schedule to start after the settlement date of the contract of sale or are to continue past the settlement date of the contract of sale.

Therefore it is important to request copies of any Conduct and Compensation Agreements that may have been signed by the Vendor prior to the Contract being signed so that Buyers know exactly what they are purchasing and what responsibilities pass to them once settlement is complete.

If you have any questions or concerns in relation to purchasing or selling rural properties or the effects of Conduct and Compensation Agreements, please call Jade Scott at Rees R & Sydney Jones Solicitors on 4927 6333.

Progress in the Galilee Basin

The State Government has recently announced the development of "the Galilee Basin Development Strategy".  The strategy is aimed at the early development of the southern and central Galilee Basin which includes a proposal to streamline land acquisition.

The Government has proposed that it will create the Galilee Basin State Development Area ("GBSDA"), which will be over a large area which has not yet been defined. It is proposed that the rail corridors will then be constructed within the GBSDA. The Government has stated that "before considering compulsory land acquisitions the Government will strike the right balance between interests of stakeholders, including land holders and the community. It will encourage incremental expansion where feasible and ask proponents to minimise impact on land holders and the environment whenever possible."  It would seem, from these comments, that the Government will not initially resume the land and will encourage each proponent to enter into negotiations with the land holders. However, it is clear that if agreements cannot be reached between the relevant proponent and respective land holders, then the Government will use its power to compulsorily acquire land for the construction of the railway pursuant to the State Development and Public Works Organisation Act.

The Strategy indicates that the State Government will give consideration to whether it will declare the GBSDA in early 2014. This will then indicate the extent of the area of the GBSDA and the likely properties which will be affected.

For any advice or assistance in relation to the impact of the GBSDA, please contact Andrew Palmer or Justin Houlihan from local law firm Rees R & Sydney Jones on 07 4927 6333.