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Accessing private land for resource activities
Before entering private land to carry out authorised activities, resource companies must comply with land access laws and follow set procedures to gain access.
The requirements vary depending on whether the activities being carried out are preliminary activities that have no impact or only a minor impact on the land, or more advanced activities. They can also vary depending on whether the landholder is the owner or occupier of the land.
There are also special requirements that restrict access around certain buildings, structures and areas.
Land access requirements are set out in the:
- Mineral and Energy Resources (Common Provisions) Act 2014
- Mineral and Energy Resources (Common Provisions) Regulation 2016
- Land Access Code 2023
- Guide to land access in Queensland (PDF, 1.9MB).
The Land Access Code 2023 is a set of conditions that applies to a resource authority and the guide explains Queensland's private land access requirements.
If you aren't sure about your legal obligations and responsibilities, you should seek independent legal advice.
The requirements in this guide do not apply to mining claims and mining leases, which have compensation for landowners negotiated as part of the application process.
Only some of the requirements apply to prospecting permits, as specific land access provisions, including provisions related to entry notices and landholder consent, apply to this resource authority type.
Preliminary activity requirements
Preliminary activities are activities that have no impact or only a minor impact on the land use activities or business activities of a landholder. They can include:
- walking the area of the permit
- driving along an existing road or track in the area
- taking soil or water samples
- geophysical surveying not involving site preparation
- aerial, electrical or environmental surveying
- survey pegging.
Is it an advanced activity?
A preliminary activity is considered an advanced activity if it either:
- affects the lawful carrying out of an organic or bioorganic farming system
- is undertaken on land of less than 100 hectares that's being used for:
- intensive farming (dryland or irrigated cropping, plantation forestry or horticulture)
- broadacre agriculture (dairy, cattle or sheep feedlots, piggeries, or poultry farms).
Read more about advanced activities, including examples.
Who this applies to
The following requirements apply when resource authority holders enter private land within the area of their resource authority. It applies to all resource authority holders except holders of prospecting permits, mining claims or mining leases. This is because alternative requirements apply to prospecting permits, and to mining claims and mining leases.
A special process applies to gain entry to private land outside the area of the resource authority and to restricted land around certain buildings, structures and areas.
Communicating with landholders – advice for resource operators
Good relationships between resource operators and landholders are built on early, transparent and respectful communication.
Before issuing an entry notice, a resource authority holder should contact or visit all impacted landholders to discuss the proposed activities. This will give them a clearer idea of the impacts and allow them to modify them plans, if required, to reduce these. The landholder might also be able to modify their own activities to minimise disruptions.
For planning an aerial survey, a resource authority holder could consider advertising it or holding a community hall meeting to engage with affected landholders.
For directional drilling activity, read the directional drilling information sheet (PDF, 217KB) for an explanation of the regulations and landholder rights that apply when directional drilling activities are carried out on adjacent private land.
Important: If operations will have more than a minor impact on the landholder's land use or business activities, they should be treated as advanced activities. The resource authority holder will then need to negotiate an agreement with the landholder.
Entry notices
The resource authority holder needs to provide an entry notice to the landholder at least 10 days before they plan to enter a property.
Other land access requirements
Resource authority holders must comply with the mandatory conditions of the Land Access Code when carrying out authorised activities on a landholder's 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.
Also consider...
- Find out about lodging land access notifications for coal and mineral activities and land access notifications for petroleum and gas activities.
- 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).
Advanced activity requirements
Before entering private land and starting advanced activities, resource authority holders must negotiate and discuss access and compensation issues with landholders.
We encourage resource authority holders to engage early with landowners to understand the potential risk and impacts of their proposed activities. Understanding this risk will help both parties:
- determine if the activity is considered preliminary or advanced
- ensure the correct entry procedures are followed.
Advanced activities
Advanced activities are those that have more than a minor impact on the landholder's land use activities or business activities. They can include:
- levelling of drilling pads and digging sumps
- earthworks associated with pipeline installation
- bulk sampling
- open trenching or costeaning with an excavator
- vegetation clear-felling
- constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump
- geophysical surveying with physical clearing
- carrying out a seismic survey using explosives
- constructing a track or access road
- changing a fence line.
Is it a preliminary activity?
A preliminary activity is an activity that will have no impact or only a minor impact on the land use activities or business activities of a landholder or occupier of land.
However, a preliminary activity is considered an advanced activity if it either:
- affects the lawful carrying out of an organic or bioorganic farming system
- is undertaken on land of less than 100 hectares that’s being used for:
- intensive farming (dryland or irrigated cropping, plantation forestry or horticulture)
- broadacre agriculture (dairy, cattle or sheep feedlots, piggeries, or poultry farms).
If a proposed activity will have only a minor impact but meets the criteria above, follow the directions for advanced activities.
Examples
Any authorised activity on the property will be an advanced activity. The resource authority holder needs to negotiate with the landholder to establish a conduct and compensation agreement, or alternative agreement, as outlined in the A guide to land access in Queensland (PDF, 1.5MB).
Any authorised activity on this property will be an advanced activity. The resource authority holder needs to negotiate with the landholder to establish a conduct and compensation agreement or alternative agreement, as outlined in A guide to land access in Queensland (PDF, 1.5MB).
As the parcel, or lot on plan, is less than 100 hectares and it is used for intensive agriculture, it's considered an advanced activity. The resource authority holder needs to negotiate with the landholder to establish a conduct and compensation agreement or alternative agreement, as outlined in A guide to land access in Queensland (PDF, 1.5MB).
Who this applies to
The following requirements apply when resource companies enter private land within the area of their resource authority. It applies to all resource authority holders except holders of prospecting permits, mining claims or mining leases. This is because alternative land access requirements apply to prospecting permits and to mining claims and mining leases.
A special process applies to gain entry to private land outside the area of the resource authority and to restricted land around certain buildings, structures and areas.
Land access for advanced activities
Before a resource authority holder can enter private land to carry out advanced activities, they generally must have a legally binding agreement with the landholder. This can be one of:
- a conduct and compensation agreement
- a deferral agreement
- an opt-out agreement.
However, the resource authority holder can also enter private land to conduct advanced activities in cases where either:
- the resource authority holder and landholder cannot agree to the terms of a conduct and compensation agreement and the matter is referred to the Land Court for determination
- the parties have agreed to enter an arbitration process.
Entry notice requirements
Resource authority holders must provide landholders with an entry notice unless an exception applies. If there's a conduct or compensation agreement, deferral agreement, or opt-out agreement in place, an entry notice is not required.
Other land access requirements
Resource authority holders 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.
Also consider...
- 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, 1.5MB).
- Learn how the Land Access Ombudsman can help if there's a dispute over a finalised conduct and compensation agreement.
Entry notices
Entry notice requirements
Before entering private land to carry out preliminary activities, the resource authority holder must give a written notice to each landholder at least 10 business days before entry.
The entry notice must include details of the:
- the land you're proposing to enter
- the period during which you'll be entering the land
- the activities you're proposing to carry out on the land
- when and where you'll conduct the activities
- the resource authority holder's contact details or those of their representative.
The initial entry notice should also include a copy of:
- the resource authority
- the relevant environmental authority
- the Land Access Code
- any relevant code or code of practice made under a resource Act that applies to the authorised activities for the resource authority
- a guide to land access in Queensland (PDF, 1.5MB).
If a conduct and compensation agreement has been referred to the Land Court, or the parties have agreed to enter an arbitration process, the resource authority holder still needs to provide a valid entry notice 10 business days before entry.
You don't need to provide copies of entry notices to the Department of Resources.
Exceptions
For advanced activities, often there are other provisions in place, and resource authority holders won't need to provide an entry notice. For example, a conduct and compensation agreement or deferral agreement may include alternative arrangements.
Landholders won't receive entry notices if:
- they've entered into an opt-out agreement
- they've provided the resource company with a written waiver
- another valid exception applies.
Entry notice template
Resource authority holders can use the entry notice template to help meet the entry and access requirements. This template includes best-practice examples that will help ensure that landholders have enough information to assess the impact on their operations.
You can no longer use the Mines Online system to generate entry notices.
Waiver of entry notice
A landholder can choose to waive the requirements for entry notices by providing a written waiver. The waiver notice must include a statement that the landholder has been advised that they are not required to give a waiver.
More information
For further information, A guide to land access in Queensland (PDF, 1.5MB) sets out the minimum requirements to be met before entry, for either:
- preliminary activities (e.g. providing an entry notice)
- advanced activities (e.g. conduct and compensation agreement, deferral agreement or opt out agreement).
Also consider...
- 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, 1.5MB).
- Learn how the Land Access Ombudsman can help if there's a dispute over a finalised conduct and compensation agreement.
Landholder agreements
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
- or
- 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
Negotiation process
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
Stage | Duration | Details |
---|---|---|
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.
Opt-out agreements
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.
Also consider...
- 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.
Protection from environmental nuisance
Landholders are protected from environmental nuisance caused by the impacts of resource activities. This applies regardless of whether resource activities are taking place on a landholder's land or nearby.
All resource operators, and everyone in Queensland, have a general environmental duty under the Environmental Protection Act 1994 not to carry out an activity that may cause environmental harm (including environmental nuisance) without taking measures to prevent or minimise the harm.
More information is available about meeting environmental obligations under the Environmental Protection Act.
Environmental authorities
Many resources activities require an environmental authority under the Environmental Protection Act 1994 to operate, in addition to the relevant resource tenure. Learn more about environmentally relevant activities (ERAs).
Environmental authorities issued for these resource activities require that operators do not cause environmental nuisance. They contain conditions to limit activities that may cause environmental nuisance as deemed appropriate for that activity. These conditions may limit or require monitoring of:
- noise emissions at a sensitive receptor (a place where noise is measured to investigate whether impacts are occurring)
- dust, odour, light or smoke emissions that may impact a sensitive place (including for example a dwelling, library, childcare centre, medical centre, or a public park).
Environmental authority holders are required to comply with the conditions of their environmental authority.
Alternative arrangements for petroleum activities
Environmental authorities for petroleum activities generally prohibit environmental nuisance, but allow for alternative arrangements to be agreed between the holder of the authority and the person affected, or likely to be affected, by environmental nuisance resulting from the activity.
An alternative arrangement is a written agreement about the way in which a particular nuisance impact will be dealt with at either a sensitive place or sensitive receptor, and may include an agreed period of time for which the arrangement is in place.
An alternative arrangement may include a range of solutions to address the potential environmental nuisance, for example:
- installing nuisance abatement measures at the sensitive place or sensitive receptor
- providing alternative accommodation for the duration of the relevant nuisance impact (e.g. during construction)
- offering monetary compensation.
Making good impacts of resource activities on water bores
Landholders are protected from the impacts of resource activities on their water bores – this applies regardless of whether resource activities are taking place on a landholder's land or nearby.
When a mine pit is dewatered, water levels decline in the surrounding area. In some situations, this may affect private landholder bores. Mining lease holders must 'make good' any impacts on water bores that their activities cause.
This usually involves entering into a 'make good agreement' with the affected water bore owner. Some of the make good measures in the agreement could include:
- drilling a new bore
- providing an alternative water supply
- offering monetary compensation.
Find out more information about make good agreements.
Getting help
If you feel that the amenity of your property is being affected by resource activities, you can contact the operator undertaking the activities. You may be able to come to a solution to resolve the issue.
Alternatively, you can report the environmental nuisance issue to the Department of Environment, Science and Innovation for investigation.
Report an environmental nuisance issue
You can also read more about making enquiries or complaints about mineral and energy resources activities in Queensland.
Also consider...
- 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.
Arbitration process for conduct and compensation agreements
Arbitration is a process where parties to a dispute choose an independent third party (known as an arbitrator) to resolve the dispute.
It is one of the options available under the statutory negotiation process for conduct and compensation agreements.
This information outlines the arbitration process. You can find more details in the guide to land access in Queensland (PDF, 1.8MB) or the Mineral and Energy Resources (Common Provisions) Act 2014.
Key points to remember
- Arbitration is a voluntary process – both parties need to agree to it.
- The arbitrator needs to be independent of both parties.
- Decisions are legally binding.
- You can be legally represented in arbitration – we suggest you seek legal assistance before entering arbitration.
Reasons for choosing arbitration
Depending on your circumstances, arbitration can offer a number of benefits:
- The process is flexible and can be tailored to suit the needs of participants.
- Costs can be lower than court proceedings (see below).
- Outcomes can generally be achieved faster than for court proceedings.
- Decisions are legally binding and final, providing certainty for all participants.
- Decisions are confidential, unless the parties agree otherwise.
Alternatives to arbitration
If you don't agree to arbitration, the matter may be referred to the Land Court for determination. In some circumstances, non-binding alternative dispute resolution under the statutory negotiation process may then be used.
Read the guide to land access in Queensland (PDF, 1.8MB) for details.
Costs of arbitration
Costs of arbitration vary according to the:
- complexity of the matter
- willingness of parties to have the matter settled
- legal representation and advice that is needed.
Overall costs are generally lower than for court proceedings, as they can be contained by negotiating such things as:
- time frames for submissions
- size of submissions
- which aspects of the matter will be included or excluded
- how many meetings are to be held
- whether meetings will be in person or online.
Who pays the costs?
Arbitrator's costs
If you participated in an alternative dispute resolution process (ADR) as part of the statutory negotiation process, then the arbitrator's fees and expenses are shared equally between the parties unless:
- the parties agree otherwise
- the arbitrator decides otherwise.
If you didn't participate in an ADR process, then the resource company pays for the arbitrator.
Other costs
Each party is responsible for their own costs (including the cost of legal representation) unless:
- the parties agree otherwise
- the arbitrator decides otherwise.
Steps in the arbitration process
Arbitration election notice
To start an arbitration process, the landholder or resource authority holder provides an arbitration election notice to the other party. The election notice must state:
- details of the matters in dispute
- name of the proposed arbitrator (who is independent of both parties)
- the following conditions
- if a party accepts the request for arbitration, neither party can make an application to the Land Court for a determination of the dispute
- the parties are liable to pay the costs of the arbitration as prescribed in section 91E of the Mineral and Energy Resources (Common Provisions) Act 2014
- the party receiving the arbitration election notice is not required to agree to enter into arbitration
- parties are able to be legally represented in an arbitration.
Both parties have to agree to attend arbitration before the process can proceed.
Choosing an arbitrator
There are number of organisations that can help you find an accredited arbitrator, including the Queensland Law Society or the Resolution Institute.
Appointment of arbitrator
If the other party agrees to the proposed arbitrator, the parties can appoint the arbitrator within 10 business days.
If the parties don't agree to the proposed arbitrator, the party who gave the arbitration election notice must ask either the Queensland Law Society or the Resolution Institute to appoint one.
Arbitrator's decision
Once appointed, the arbitrator has 6 months to issue their decision.
The decision is final and has the same effect as a binding and enforceable agreement. The decision cannot be appealed except in rare and exceptional circumstances (e.g. serious unfairness in the arbitration process).
Also consider...
- 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.
Land Access Code
Resource companies must comply with the mandatory provisions of the Land Access Code when on private land to carry out authorised activities.
The Code sets out:
- coexistence principles that reflect minimum expectations for behaviours between resource companies and landholders
- best practice guidelines for communicating and negotiating with landholders
- mandatory conditions about conduct when entering and carrying out authorised activities on private land.
These mandatory conditions cannot be altered or waived by agreement with the landholder. All parties are encouraged to comply with the Code's best practice recommendations.
The coexistence principles have been developed and included following extensive consultation with stakeholders. These principles will support stronger relationships between resources companies and landholders by setting government's expectations in relation to coexistence behaviours.
In addition, minor editorial amendments have been made to the Code. These amendments do not result in any changes to policy or the Code's mandatory conditions.
Download the:
Who this applies to
The Code sets out government's expectations for the behaviours and best practice guidelines for communicating and negotiating with all resource authority holders and landholders. It also imposes mandatory conditions about conduct when entering and carrying out authorised activities on private land.
The Code's mandatory conditions about how authorised activities are carried out on private land apply to most resource authorities, including:
- exploration permits and mineral development licences under the Mineral Resources Act 1989
- petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004
- 1923 Act petroleum tenures under the Petroleum Act 1923
- geothermal authorities under the Geothermal Energy Act 2010
- greenhouse gas storage authorities under the Greenhouse Gas Storage Act 2009.
However, the mandatory provisions of the Code do not apply to holders of prospecting permits, mining claims or mining leases under the Mineral Resources Act 1989.
Mandatory conditions of conduct
The Code's mandatory conditions set out how resource companies must behave with regards to:
- induction training of staff and contractors
- access points, roads and tracks
- livestock and property
- weeds and pests
- camps
- items brought onto land
- gates, grids and fences.
Key contacts and further information
- Business Queensland (this website)
- Department of Resources Engagement, Assessment and Compliance Hub – phone 137 107 or email resources.info@resources.qld.gov.au
- A guide to land access in Queensland (PDF, 1.9MB)
- My Mines Online helpline – (07) 3199 8133
- Gasfields Commission Queensland
- Land Access Ombudsman
- Queensland Law Society – find a solicitor
- Office of Groundwater Impact Assessment
- Department of Environment, Science and Innovation – land access
Also consider...
- Find out about lodging land access notifications for coal and mineral activities and land access notifications for petroleum and gas activities.
- Make an enquiry or complaint about land access.
- Read details about land access requirements in A guide to land access in Queensland (PDF, 1.9MB).
Restricted land
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 does this apply to?
The Mineral and Energy Resources (Common Provisions) Act 2014 established the restricted land framework. It applies to resource authorities that were applied for, on, or after 27 September 2016. The rules are different for resource authorities applied for prior to this date.
What activities does this apply to?
The requirement applies to all authorised activities including preliminary activities.
It does not apply to:
- installation of underground cables and pipelines if they are installed within 30 days
- areas where entry could be performed by a member of the public without requiring any approval (for example, travelling on a public road that goes through restricted land)
- restricted land which is located outside the area of the resource authority, and there is no other way of accessing the area of the resource authority and either the landholder(s) has agreed in writing, or the landholder(s) has not agreed but the refusal was not reasonable.
Read detailed information about restricted land in A guide to land access in Queensland (PDF, 1.8MB).
Disputes over restricted land
The Land Court has the power to decide disputes regarding restricted land. Where there has been a dispute between parties regarding necessity or reasonableness, the Land Court can make a declaration on application by either party.
The Land Court can also make a declaration as to whether the land is restricted land and whether the activity is a prescribed activity for the purpose of applying 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, you need written consent from the landholder to enter land within 200 metres of:
- a permanent building used for
- a residence
- a childcare centre
- a hospital
- a library
- a community, sporting or recreational purpose
- a place of worship
- a business
- an area used for
- a school
- a prescribed environmentally relevant activity that is aquaculture, intensive animal feed lotting, pig keeping or poultry farming.
You also need consent to enter land within 50 metres of an area used for:
- an artesian well, bore, dam or water storage facility
- a principal stockyard
- a cemetery or burial place
- an area, building or structure prescribed by regulation.
Other resource authorities
If you are accessing land under an authority other than an exploration or production resource authority (e.g. prospecting permit, water monitoring authority, survey licence or data monitoring authority), you need written consent to enter land within 50 metres of all buildings, structures or areas listed above.
Creation of restricted land following landholder improvements
If an exploration resource authority (e.g. exploration permit, authority to prospect) has been granted over their land and the landholder makes improvements that fit the definition of restricted land, the improvements will attract restricted land protections.
In the case of production resource 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.
Neighbouring land
Restricted land protections continue to apply even if the restricted land area is outside the boundary of the resource authority. For example, if a neighbour’s home is within 200 metres of the resource authority boundary, the resource company cannot enter land within 200 metres of the home without the written consent of each landholder.
There are 2 categories of restricted land (Category A and Category B) that apply to land under these resource authorities.
Category A restricted land is land that is 100 metres laterally of a permanent building used:
- mainly as accommodation or for business purposes
- for community, sporting or recreational purposes
- as a place of worship.
Category B restricted land is land that is 50 metres laterally of any of the following features:
- a principal stockyard
- a bore or artesian well
- a dam
- another artificial water storage connected to a water supply
- a cemetery or burial place.
The 600-metre rule
Holders of an exploration permit or a mineral development licence cannot enter land that is within 600 metres of an occupied residence or a school, unless they have reached a conduct and compensation agreement with the owner and occupier.
Creation of restricted land
For mining leases and mining claims, the owner of the restricted land (at the time the application was lodged) provided consent in writing and this consent was lodged with the Department of Resources. The consent was only required from the owner of the land, not the occupier (if the occupier was not the owner).
For prospecting permits, exploration permits, and mineral development licences granted prior to 27 September 2016, the resource company is not permitted to enter restricted land unless the owner of the land provides their written consent. For exploration permits and mineral development permits, the written consent must also be lodged with the Department of Resources.
Creation of restricted land following landholder improvements
Subsequent improvements to land do not attract restricted land protections relating to mining claims, mineral development licences or mining leases. However, for prospecting permits, and exploration permits, subsequent improvements can be made and will be protected if they fall within the definition of restricted land.
Neighbouring land
Both restricted land Category A and Category B protections apply even if the restricted land area is outside of the boundary of the resource authority. For example, if a neighbour’s home is within 100 metres laterally of the resource authority boundary, the resource company cannot enter land within 100 metres of the home without the consent of the owner.
The 600-metre rule
Resource authority holders cannot enter land in the area of a resource authority that is within 600 metres of an occupied residence or a school unless they have reached a conduct and compensation agreement or deferral agreement with the owner and occupier.
Neighbouring land
There is no requirement for the resource authority holder to enter into a conduct and compensation agreement with a neighbouring landholder located outside the area of the resource authority.
Also consider...
- Find out about lodging land access notifications for coal and mineral activities and land access notifications for petroleum and gas activities.
- 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).
Access to private land outside the area of the resource authority area
Resource companies may need to cross private land or conduct certain limited activities on private land that is outside the area of their resource authority. Before they do this, they must negotiate an access agreement either orally or in writing with either the owner or occupier of the property, and in some cases both.
Who this applies to
The following requirements apply to resource authority holders seeking to use a landholder's private land outside the area of the resource authority to access the area of the resource authority.
They do not apply in relation to prospecting permits, mineral development licences, mining claims and mining leases. This is because alternative requirements apply to these resource authority types.
Landholder agreements
Landholder agreement is required before a resource authority holder can access private land outside of their resource authority. The level of impact determines whether an agreement is needed with the land owner and occupier or just the occupier.
If access activities are not likely to have a permanent impact on the land (e.g. opening and closing a gate), resource companies are only required to make an access agreement with each occupier of the land.
However, if access activities are likely to have a permanent impact on the land (e.g. building of a road), they must make an access agreement with each owner and occupier.
Landholders and resource companies should negotiate conditions for access that are reasonable and relevant to the situation. Note that under the land access laws, landholders cannot 'unreasonably' refuse to make an access agreement.
If agreement cannot be reached within 20 business days of the request for access, then either the landholder or the resource company can refer the matter to the Land Court for resolution.
Entry notice requirements
Notices of entry need to be provided to the relevant landholders unless the access agreement includes alternative arrangements.
Entry notices are not required if the landholder has provided a written waiver. Read about entry notice requirements.
Other land access requirements
Resource companies must comply with the mandatory provisions of the Land Access Code when carrying out authorised activities on a landholder's private land.
Also consider...
- Find out about lodging land access notifications for coal and mineral activities and land access notifications for petroleum and gas activities.
- Make an enquiry or complaint about land access.
- Read details about land access requirements in the guide to land access in Queensland (PDF, 1.8MB).
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.
- Find out more about CCAs and opt-out agreements.
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:
- see an example of a completed Form 14 for recording a CCA (DOCX, 21KB) or an example of a completed Form 14 for an opt-out agreement (DOCX, 22KB)
- use the fee calculator to calculate fees (a fee will be charged for each form lodged)
- read about how to lodge Titles Registry forms.
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...
- Find out about lodging land access notifications for coal and mineral activities and land access notifications for petroleum and gas activities.
- 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).
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021