Before a resource company can enter private land to carry out advanced activities, they generally must have a legally binding agreement with the landholder. This can be either:
- a conduct and compensation agreement
- a deferral agreement
- an opt-out agreement.
Conduct and compensation agreements set out the activities or conduct proposed to be undertaken as well as compensation arrangements for any impacts.
Landholders can agree to delay making a conduct and compensation agreement until after the land has been accessed (deferral agreement) or opt-out of negotiating a conduct and compensation agreement (opt-out agreement).
Conduct and compensation agreements
Queensland's land access laws set out a process for negotiating conduct and compensation agreements (the 'statutory negotiation process'). View the table below for stages in the process.
Parties do not need to use this process and can choose their own negotiation process.
You can find out more by reading the guide to land access in Queensland (PDF, 1.8MB).
Stages in the statutory negotiation process
|Notice of intent to negotiate||Minimum of 20 business days||Resource company initiates process by providing a notice of intent to negotiate and a copy of A guide to land access in Queensland (PDF, 1.8MB)|
|Alternative dispute resolution (ADR)||30 business days||If no agreement is reached, either party may issue the other with an ADR election notice to begin non-binding ADR|
|Arbitration or Land Court determination||If no agreement is reached, the parties can agree to arbitration or either party can refer the matter to the Land Court|
Content of agreements
Agreements must include certain mandatory elements, but also allow the parties to agree to and include other matters.
There are different mandatory requirements for each type of agreement - these are outlined in A guide to land access in Queensland (PDF, 1.8MB).
The discretionary matters included in the agreement must be consistent with:
- the land access laws
- the resource Act under which the resource authority is granted
- any conditions placed on the resource authority
- the mandatory provisions of the Land Access Code.
You can use the Standard conduct and compensation agreement template (DOC, 123KB) as a basis for developing your own agreement.
Recording of agreements on title
Resource companies must record conduct and compensation agreements and opt-out agreements on the landholder's property title.
Landholders cannot be forced to enter into an opt-out agreement by resources companies. Opt-out agreements must be made using the approved Opt-out agreement form. The resource company must provide a copy of the Opt-out information sheet (PDF, 223KB) to the landholder before the landholders signs the agreement. Landholders should obtain legal advice before signing an opt-out agreement.
Entry notice requirements
Resource companies must provide landholders with an entry notice unless the conduct and compensation agreement or deferral agreement includes alternative arrangements.
Landholders will not receive entry notices if they have entered into an opt-out agreement or provided the resource company with a written waiver.
- Read about entry notice requirements.
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 private 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. This consent may be included as a term in an agreement.
- Read about landholders' entitlements to compensation for mining activities.
- Find out about lodging land access notifications for coal and mineral activities and land access notifications for petroleum and gas activities.
- Download the Standard conduct and compensation agreement (DOCX, 123KB).
- Make an enquiry or complaint about land access.
- Read details about land access requirements in A guide to land access in Queensland (PDF, 1.8MB).
- Learn how the Land Access Ombudsman can help if there's a dispute over a finalised Conduct and Compensation Agreement.