Environmental Harm, Fines & Notices

A $60,000 FINE!? Know your legal obligations when it comes to notifying contaminated land!

Are you aware that your property or the property that you are working on could be contaminated? If you are aware, and you fail to notify the Department of Environment and Heritage Protection (EHP), serious fines could apply.

What is a “notifiable Activity”?

This is an activity that is likely to cause contamination. In town, these activities might include some types of manufacturing or disposal operations, printing, petroleum or chemical storage. On a rural property, you might have a livestock dip or spray race.

Who is required to notify EHP?

Just about everyone! Employees/employers, company directors, contractors and agents, engineers, project managers, auditors, local government, owners and occupiers of Land.

When must notification occur?

If contamination or environmental harm is likely to occur or has occurred, notification to EHP has to be given within 24 hours of an event occurring. You must also give notification to an owner or occupier of land (so say a tenant) if it is likely that their land could be affected.

What happens if you do not notify?

Fines of up to almost $60,000 can apply in certain circumstances so the fines are significant. Tenants and Occupiers of Land should be aware that they must notify the owners of the Land or Fines also apply if the owner is not notified.

How do I notify?

There are particular forms and guidelines you can use online through EHP, or you can contact them directly.

What about if I am purchasing a property?

This positive duty to notify should result in an increase in properties being noted on the Contaminated Land Register. Appropriate searches and advice should be obtained when you purchase a new property or if you take on a long term lease of a premises.

Contact Energy, Environment & Agribusiness Partner, Melanie Findlay on (07) 4927 6333 or at enquire@reesjones.com.au.

Beef Capital receives Federal Funding

The expected route of the Rockhampton Road Train Access upgrade.
Photo: Contributed Trinnette Stevens
The Morning Bulletin, $20-million boost for Rocky's road upgrades by Kerri-Anne Mesner

$20 Million Federal Government Funding for the Rockhampton Road Train Access

On 24 October 2016, the Federal Government announced $20M to support Stage 2 of the Rockhampton Road Train Access.

The announcement by the Federal Government is welcome news as completion of Stage 2 of the Rockhampton Road Train Access will increase freight efficiency and improve road safety and access to Rockhampton.

Under Stage 2 of the Rockhampton Road Train Access, the roads from Gracemere to the Teys Bros Abattoir in Lakes Creek are set to be upgraded – and there is even talk of the highway between Gracemere and Rockhampton being upgraded to four lanes.

Earlier this year, Stage 1 of the Rockhampton Road Train Access received $10M in state funding under the Queensland Government's State Infrastructure Plan.

In an article published by The Morning Bulletin on 24 October 2016 ("$20-million boost for Rocky's road upgrades" by Kerri-Anne Mesner), Bill Byrne, Member for Rockhampton, stated "that he had a briefly [briefing] with the Department of Main Roads the other day which indicated the design and consultation phase of Stage 1 was near an end".

The plan for the Rockhampton Road Train Access is now becoming a reality and the Beef Capital will soon have the roads and infrastructure to support our local graziers and the beef industries.

Stage 1 is progressing nicely, Stage 2 now has funding – how long will it be until Stage 3 of the Rockhampton Road Train Access is being discussed and funded?

Contact Energy, Environment & Agribusiness Solicitor Emma Kime on (07) 4927 6333 or at enquire@reesjones.com.au.

Rookwood Weir Update via Queensland Country Life

Queensland Country Life yesterday, published some good news for the Rookwood Weir Project.

Turnbull in town in Rockhampton for weir funding by Kelly Butterworth, 27 October 2016, 11:51am

Research Forum: Agriculture, Communities and Coal Seam Gas

Our Landowner Lawyer would like to share the following event.

The University of Queensland and AgForce Projects - CSG and Mining Project are co-hosting a forum to present Coal Seam Gas research to the communities of the Western Downs and Maranoa Regional Shire Councils.

The forum will include brief presentations on the results of recent research from the following research projects.

• Agriculture and CSG Interactions
• The Groundwater Atlas
• Bore Monitoring
• Small-Medium Businesses
• Socio-economic Indicators
• Groundwater Predictions
• Community Sentiment

Attendees will be able to meet with researches, discuss the research findings and contribute your views to options for further research.

The Forum is FREE with Morning Tea, Lunch and Afternoon Tea provided.

You must RSVP by 11 November 2016.

When and Where:
Thursday 17 November 2016, 9.00am - 3.00pm (arrivals from 8.30am for 9.00 am start)
CHINCHILLA - Venue details will be confirmed via email/text the week prior to the event.

Register Today 
Visit www.agforceprojects.org.au or call (07) 3238 6048

For more information call (07) 3238 6048 or email csg@agforceprojects.org.au

CSG Wells and Your Mortgage

CSG Wells

There has been a bit of media attention lately regarding a bank turning down a loan application on grounds relating to some Coal Seam Gas operations on a property. An example of such a story can be found here.

https://www.theguardian.com/environment/2016/sep/30/commonwealth-bank-coal-seam-gas-makes-property-unacceptable-as-loan-security

Conduct and Compensation Agreement

It is usually a term of your bank mortgage that you must seek the consent of your bank prior to entering into any agreement for compensation relating to mining and/or gas activities on your property. It is therefore very important to provide a copy of any Compensation Agreement or CCA to your banker prior to signing any such document.

This will save you dealing with an angry mortgagee later and could have saved the landowners mentioned in the story attached from some problems.

If your bank is worried about any changes in the value of your land, then you can use their valuations or letters as a bargaining tool in your negotiations with a gas or mining company.

Sometimes, especially if the Activities to be performed on your land are quite substantial (e.g. a large gas pipeline), it is a good idea to chat with your banker about how your expected income stream on your property may be affected by gas or mining activities.

Your banker may like to hear from you about when any expected compensation money might be due to be paid to you so they can work with you in meeting the terms of your mortgage.

What can I do?

Conduct and Compensation Agreements for Mining and Gas Agreements are very complicated, and for this reason you should always involve your accountant, your lawyer and your banker at least in any negotiations you start. It is for this reason we would never advise a landowner to “Opt Out” of a negotiation.

The law also requires companies to reimburse landowner legal, accounting and valuation fees so it is always good to get advice on these types of negotiations.

Contact Energy, Environment & Agribusiness Partner, Melanie Findlay on (07) 4927 6333 or at enquire@reesjones.com.au.

MERC Mediation Rights

Our Landowner Lawyer, Melanie Findlay talks with 990 4RO Breakfast Host, Aaron Stevens about the MERC mediation process and how landowners rights are affected. Read the transcript or listen to the audio here.

Melanie can be contacted on (07) 4927 6333 or at enquire@reesjones.com.au.

Buying a Rural Property with a CCA

Energy, Environment & Agribusiness Solicitor, Emma Kime tells us how important it is to ask the right questions when Buying a Rural Property with a CCA.

Emma can be contacted at Rees R & Sydney Jones Solicitors on (07) 4927 6333 or at enquire@reesjones.com.au.