Preliminary activity requirements

Preliminary activities are activities that have no impact or only a minor impact on the land use activities or business activities of a landholder. They can include:

  • walking the area of the permit
  • 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.

However, these activities are not considered preliminary activities if they:

  • are carried out on land that is being used for intensive farming or broadacre agriculture that is less than 100ha in size
  • affect organic or bioorganic farming.

Who this applies to

The following requirements apply when resource companies 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 these resource authority types.

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.

Entry notice requirements

Before entering private land to carry out preliminary activities, the resource company must give a written notice to each landholder at least 10 business days prior to entry.

The entry notice must include the following details:

  • the land proposed to be entered
  • the period during which the land is to be entered
  • the activities proposed to be carried out on the land
  • when and where the activities will be carried out
  • the resource authority holder's contact details or those of their representative.

The initial entry notice should also include a copy of:

  • the resource authority
  • the relevant environmental authority
  • the Land Access Code
  • any code or code of practice that applies to the activities proposed in the notice.

If a resource company gives a valid entry notice to a landholder, the resource company can access that land and begin to carry out activities authorised by the resource authority following a 10 business day waiting period.

Note: Resource companies are no longer required to provide copies of entry notices to the Department of Natural Resources, Mines and Energy. In addition, the Mines Online system can no longer be used to generate entry notices. A notice of entry template can be used to help meet the entry requirements.

Waiver of entry notice

A landholder can choose to waive the requirements for entry notices by providing a written waiver. The waiver notice must include a statement that the landholder has been advised that they are not required to give a waiver.

Other land access requirements

Resource companies 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...

Contact

General enquiries 13 QGOV (13 74 68)