Restricted land entry conditions

Resource companies cannot enter land within a prescribed distance of certain buildings, structures or areas without the written consent of the landholder. There is no obligation on the landholder to give consent.

The prescribed distances and types of buildings and areas are provided below.

Who this applies to

The following requirements apply to landholders and all resource authority holders who hold any resource authority type.

The requirement applies to all authorised activities including preliminary activities. They may not apply in relation to underground cables and pipelines.

Creation of restricted land

If an exploration authority (e.g. exploration permit, authority to prospect) has been granted over their land, landholders can continue to make improvements and, if these fit the definition of restricted land, they will attract restricted land protections.

In the case of production authorities (e.g. mining claims, mining leases, petroleum leases), restricted land is 'set' when the resource company applies for the production authority. Any improvements a landholder makes to the land after that date do not attract restricted land protections.

Prescribed distances from restricted buildings and areas

Exploration and production resource authorities

When accessing land under an exploration or production resource authority, the resource company needs written consent from the landholders to enter land within 200 metres of:

  • permanent buildings used for:
    • residences
    • businesses
    • places of worship
    • childcare centres
    • hospitals
    • libraries
    • other community, sporting or recreational purposes
  • areas used for:

Consent is also needed to enter land within 50 metres of areas used for:

  • cemeteries or burial places
  • artesian wells
  • bores
  • dams
  • water storage facilities
  • principal stockyards.

Other resource authorities

If land is accessed under an authority other than an exploration or production resource authority (e.g. prospecting permit, water monitoring authority, survey licence or data monitoring authority), a restricted land distance of 50 metres applies to all of the buildings, structures or areas listed above.

Also consider...

Contact

General enquiries 13 QGOV (13 74 68)