Bill brings certainty to landholders, resources industry

New legislation introduced into Parliament today will provide landholders and resource companies with greater certainty when negotiating conduct and compensation agreements and make good agreements.

Natural Resources and Mines Minister Dr Anthony Lynham said the Mineral, Water and Other Legislation Amendment Bill would streamline and improve negotiation processes, making it easier for landholders and resources companies to co-exist.

“This legislation will provide greater certainty around the costs that can be recovered by landholders when negotiating a conduct and compensation agreement,” Dr Lynham said.

“It’s critical to the Queensland economy and our regional communities that our agriculture and resources industries continue to co-exist, generating jobs, royalties and business opportunities.”

Dr Lynham told Parliament that under the changes to the Mineral and Energy (Common Provisions) Act 2014, resource companies would be required to cover the reasonable and necessary agronomist costs incurred by a landholder to assess the real impact of resources activities on their land.

“This is in addition to the existing requirement for resource companies to pay a landholders reasonably and necessarily incurred legal, accounting and valuation costs,” he said.

“The legislation also clarifies that these costs must be paid by a resources company even where negotiations are abandoned and an agreement is not reached, and the Land Court has been given the jurisdiction to determine these costs if there is a dispute between the parties.”

The proposed changes flow from an review of Queensland’s Gasfields Commission, which included an assessment of current land access and compensation arrangements.

Dr Lynham said the Bill would also streamline and improve the operation of the Resources Acts.

“This Bill reaffirms the Queensland Government’s Commitment to the Climate Change Adaptation Strategy by introducing amendments to clarify and strengthen the way Queensland’s water planning framework considers the effects of climate change,” he said.

“The Bill also introduces cultural outcomes to recognise explicitly the cultural value of water resources to Aboriginal and Torres Strait Islander parties.

“The Palaszczuk Government has made it abundantly clear that landholders and industry must co-exist in a way that benefits all Queenslanders, and this legislation is another step in the right direction.”


More Articles


Important Changes to Vegetation Mapping

Updated maps are now available to download. The new maps include the most recent Queensland Herbarium scientific updates to the Regulated Vegetation Management Map, regional ecosystems, wetland, high-value regrowth and essential habitat mapping. These change...

Read More

Testamentary Trust

What is a Testamentary Trust [TT]? TT is a trust created under a person’s will which does not come into effect until after their death. TT has similar characteristics to a discretionary or family trust except the provisions of the trust are set out in th...

Read More

Access regulations for the Petroleum Act

Petroleum Act will come into force on 1 January 2021 The implementation of land access regulations for the Petroleum Act must be the catalyst for requiring the mining sector to operate in a similar manner, this is the position the Northern Territory Cattlemen&...

Read More

Emanate Legal's Barry Taylor comments on landowner rights during trespass

Townsville, Queensland: Queensland lawyer/solicitor Barry Taylor, Foundation Director of Emanate Legal, recently commented on the rights of farming landowners and leaseholders in response to a number of trespass incidents on primary producing properties. &ldqu...

Read More

Introductory Guide to Resumption and Compulsory Acquisition in Queensland

Introductory Guide to Resumption and Compulsory Acquisition in Queensland Written by Emanate Legal’s Barry Taylor (Lawyer/Solicitor) & Venesa Gleeson (Lawyer/Solicitor) Introduction In Queensland, the State or Local Governments can apply to take a...

Read More

Vegetation clearing management services updated

Barry Taylor, Townsville solicitor and foundation member of Emanate Legal, recently updated the information on the Services pages relating to Clearing Management.The updated page outlines the changes made by Queensland in relation to the laws for clearing vege...

Read More

Restructuring family assets for succession services updated

Barry Taylor, Townsville solicitor and foundation member of Emanate Legal, recently updated the information on the Services pages relating to Restructure of Family Assets.The updated services page contains information pertinent to primary producing families an...

Read More

Queensland grazier fined $450k for illegal land clearing

A Queensland grazier, whose bid to bulldoze native woodlands has the support of Federal Government MPs, has been hit with one of the state's heaviest penalties for illegal land clearing. Scott Harris and his company were fined $450,000 in the Cairns Magistrate...

Read More