Approaches to obtaining compensation

You have 2 ways of seeking compensation. You can:

  • negotiate an agreement directly with the miner
  • apply to the Land Court to have it determine how much compensation you will receive.

Negotiating compensation directly with the miner is the best approach if you want an agreement that includes:

  • in-kind assistance
  • conditions about what conduct is permitted.

In-kind assistance might mean that the miner agrees to build a fence line or irrigation system for you, or dig a dam. The Land Court can only award monetary compensation, not in-kind compensation.

Conduct conditions might include entry times, speed limits, and activities that aren't permitted without prior notification. The Land Court is not able to require conduct conditions when determining compensation in a Court hearing.

Negotiating with the miner

Preparing to negotiate

You should prepare a map of your land marking the location of key areas and infrastructure and know the value of your land – this might mean getting advice from a valuer.

You will find important information to help you prepare for negotiations in A guide to landholder compensation for mining claims and mining leases (PDF, 2MB).

You may also wish to refer to the standard compensation agreement template (DOCX, 59KB). This template was developed for small-scale mining operations, for example mining claims and small mining leases under 20 hectares.

Going to the Land Court

You or the miner can apply to the Land Court to have it determine how much compensation you will receive using the Queensland Courts. You should fill in Form 01 – Originating application.

The Court has issued a practice direction about compensation payable by miners (PDF, 15KB) that you should refer to when applying.

Time frames for negotiating compensation

There is no time limit by which compensation must be finalised. You can negotiate with the miner until an agreement is reached.

Alternatively, either of you can apply to the Land Court at any time to determine compensation.

However, the Minister may refuse to grant the mining claim or mining lease if compensation has not been agreed or referred to the Land Court within the following time frames.

Type of applicationConditions Minister may refuse application if no agreement or Land Court referral

New lease or claim

all objections to the grant of the claim or lease withdrawn

within 3 months of the day the chief executive received written notice of the last withdrawal of the objections

no objections lodged to the lease or claim

within 3 months of the deadline for lodging objections

objection lodged to the lease or claim (and not later withdrawn)

within 3 months of the Land Court’s recommendation to the Minister about the objections

if the Governor in Council consented to the grant over a reserve

within 3 months of the consent being given

Renewal of existing lease or claim


within 3 months after the expiry date of the lease or claim

Filing the agreement

If you have negotiated a compensation agreement directly with the miner, you or the miner must file the signed compensation agreement with the Department of Resources through the Coal or Mineral Assessment Hub or your nearest district office.

You must submit a complete copy of the signed compensation agreement—a redacted version will not be accepted.

If you applied to the Land Court to determine compensation, the Land Court will provide its compensation determination directly to the department and the parties.

Also consider…