Recording land access agreements with the Titles Registry

Conduct and compensation agreements (CCA) and opt-out agreements must be recorded on the landholder's property title as an administrative advice. This is to ensure that any future buyers of the property can be made aware of the existence of any such agreement prior to purchase.

This requirement was introduced by the Mineral and Energy Resources (Common Provisions) Act 2014, which commenced on 27 September 2016.

New agreements

To record new CCAs, the resource authority holder must apply to the Titles Registry within 28 days of both parties having signed the agreement.

In the case of opt-out agreements, the 10 business day cooling-off period must have passed before the application is lodged.

Recording of new agreements is a condition of the resource authority.

Prior agreements

CCAs that were signed prior to the commencement of the MERCP Act need to be registered on title within 6 months of the Act commencing, or before 27 March 2017.

How to apply

The resource authority holder must complete and lodge a Form 14 - General request for each agreement to be recorded. There is no requirement to include a copy of the CCA or opt-out agreement with the form.

For further information:

Deposit and removal fees are the responsibility of the resource authority holder.

The Titles Registry may be able to help resource companies who need to record multiple existing CCAs.

Removing an agreement from title

The administrative advice remains on the property title until the resource authority holder applies to remove it (when the agreement ends or no longer applies to land as the result of a subdivision).

The resource authority holder must apply to the Titles Registry within 28 days of the agreement ending or becoming aware that the agreement no longer applies to subdivided land.

If a CCA or opt-out agreement is amended, there is no requirement to remove or amend the administrative advice. The existing administrative advice can remain on the property title.

Removing an agreement from title is a condition of the resource authority.

The administrative advice may also be removed by the landholder.

A Form 14 - General request must be completed.

Also consider...

Contact

General enquiries 13 QGOV (13 74 68)