The objective of land access regulations is to ensure orderly exploration for minerals while recognizing the rights of landowners to operate without unreasonable disturbance or disruption. Agriculture and mining are two important industries in New South Wales and share many common beliefs and interests. The ability to negotiate mutually acceptable land access agreements is an essential requirement for explorers to discover resources that can lead to new mines, new jobs and greater prosperity for Territorians, especially in remote regions and regions. Landowners cannot be forced by commodity companies to enter into an opt-out agreement. Opt-out agreements must be concluded using the approved opt-out agreement form. The resource company must provide the landowner with a copy of the opt-out information sheet (PDF, 223 KB) before the landowners sign the agreement. Landowners should seek legal advice before signing a withdrawal agreement. In the meantime, we recommend that mining and oil exploration licensees ensure that all “landowners”, including mortgagees, are informed of the proposed access arrangements. Landowners and explorers have clear legal rights regarding access to land for mineral exploration. without the prior written consent of all landowners. This has a significant impact on public order in terms of access to resources and may require amendments to the Mining Act. This guide covers the process of negotiating land access agreements for exploration activities. For more information, see the Queensland Land Access Guide (PDF, 1.8 MB).
Seek professional help to resolve your dispute – by .B. from your lawyer, accountant or land access consultant The implications of this decision are potentially very important for mineral and oil exploration licensees, as access agreements and arrangements are usually only made with registered landowners and mortgagees of the land are informed. Queensland`s Land Access Acts establish a process for negotiating conduct and compensation agreements (the “Legal Negotiation Process”). See the following table for the steps in the process. There are different binding requirements for each type of agreement – these are outlined in a guide to land access in Queensland (PDF, 1.8 MB). Hume Coal had argued before the Commissioner of Mines, and the Commissioner of Mines had accepted that the right to prospect conferred by an exploration licence does not include a right of access to the relevant lands and that, therefore, section 31 of the Mining Act does not prevent access to those lands even if there are “substantial improvements” in the lands. The Court rejected this argument. Rather, it followed the applicants` argument that the prospecting right conferred by the exploration permit must implicitly include a right of access by land, including by vehicle. Therefore, the restriction in section 31 of the Mining Act includes not only the conduct of physical exploration activities such as coring holes, but also land-based travel to areas where physical exploration activities must be carried out. Landowners may agree to postpone the conclusion of a conduct and compensation agreement until after access to the land (deferral agreement) or to withdraw from the negotiation of a conduct and compensation agreement (opt-out agreement). Clelands Lawyers has negotiated a number of MACAs between landowners and mining companies, including for the Prominent Hill mine operated by OzMinerals in the far north of South Australia and the central Eyre Iron project on the Eyre Peninsula.
If you have any questions about the planned rail corridor on the Eyre Peninsula, please contact us. This is a very specialized area of law and we are fortunate to have extensive experience in this area. All access regulations should be based on the understanding that explorers are “visitors” to private lands and on an appreciation of the needs and rights of mineral explorers by landowners. Negotiated access agreements should not be affected, as they typically involve broad consent from the landowner to conduct activities on land that can be a “significant improvement.” We have created a guide to help a landowner and explorer agree on access to private land for exploration activities. It includes a checklist for landowners and explorers on how to conclude the agreement. Before an explorer can access your country, you must give your consent. In Martin & Ors v. Hume Coal Pty Ltd,2 the Commissioner of Mines found that none of the land, works or works at issue had been covered by the magnitude of a “substantial improvement”. The Commissioner of Mines also noted that a right of access to vehicles on land was not a right granted under an exploration permit and therefore had not considered whether roads and driveways were significant improvements for the country. In considering the scope of a “substantial improvement,” the Commissioner of Mines decided that pastures and alfalfa, the merry-go-round and irrigation pipes under the cattle tracks did not represent significant improvements. The Commissioner of Mines also noted that section 31 of the Mining Act did not apply to fences erected after the date on which Hume Coal terminated under section 142 of the Mining Act and therefore did not decide whether fences erected prior to the notice constituted “substantial improvements”. Following a recent decision of the Supreme Court of New South Wales, holders of mining and oil exploration licences should verify that they have properly informed mortgage creditors of access agreements to mineral and oil exploration […].
