Preliminary activity requirements for accessing private land

Preliminary activities are activities that have no impact or only a minor impact on the land use activities or business activities of any owner or occupier of the land on which the activity is to be carried out. They can include:

  • walking the area of the authority
  • driving along an existing road or track in the area
  • taking soil or water samples
  • geophysical surveying not involving site preparation
  • aerial, electrical or environmental surveying
  • survey pegging.

Is it an advanced activity?

An advanced activity is an authorised activity other than a preliminary activity.

Examples include:

  • earthworks associated with pipeline installation
  • geophysical surveying with physical clearing
  • carrying out a seismic survey using explosives.

The following are not preliminary activities:

  • an authorised activity carried out on land that:
    • is less than 100ha; and
    • is being used for intensive farming or broadacre agriculture
  • an authorised activity that affects the lawful carrying out of an organic or bioorganic farming system.

Note: Aerial surveying at 1,000 ft or more above land is exempt from entry notices and periodic entry notices and is not considered an advanced activity in all circumstances.

Read more about advanced activities, including examples.

Who this applies to

The following requirements apply when resource authority holders enter private land within the area of their resource authority. It applies to all resource authority holders except holders of prospecting permits, mining claims or mining leases. This is because alternative requirements apply to prospecting permits, and to mining claims and mining leases.

A special process applies to gain entry to private land outside the area of the resource authority and to restricted land around certain buildings, structures and areas.

Communicating with landholders—advice for resource operators

Good relationships between resource operators and landholders are built on early, transparent and respectful communication.

Before issuing an entry notice, the department encourages resource authority holders and landholders to discuss the level of risk and impact associated with proposed activities to determine if the activity is considered preliminary or advanced. This includes aerial surveying.  This will give landholders a clear idea of the impacts and allow them to modify their plans (if required) to reduce these impacts. The landholder may also modify their own activities to minimise disruptions.

For directional drilling activity, read the directional drilling information sheet (PDF, 217KB) for an explanation of the regulations and landholder rights that apply when directional drilling activities are carried out on adjacent private land.

Important: If operations will have more than a minor impact on the landholder's land use or business activities, they should be treated as advanced activities. The resource authority holder will then need to negotiate an agreement with the landholder.

Entry notices

The resource authority holder needs to provide an entry notice to the landholder at least 10 days before they plan to enter a property. Resource authorities aerial surveying 1,000 ft or more above land are not required to provide an entry notice to landholders prior to entry, or a periodic entry report after entry. This is regulated by the Civil Aviation Safety Authority (CASA).

Other land access requirements

Resource authority holders must comply with the mandatory conditions of the Land Access Code when carrying out authorised activities on a landholder's land. These conditions cannot be altered or waived by agreement. All parties are encouraged to comply with the code's best practice recommendations.

Entry to restricted land around certain buildings, structures or areas requires the written consent of the landholder.

Also consider...