Shared Knowledge

We regularly distribute updates to our clients and contacts on specialised areas of law.

Please contact us if you wish to be added to the distribution list for these newsletters. The information is accurate at the time of writing but the law may have changed. You should treat this information as general advice only and seek specific advice for your particular circumstances.

View posts in:

Characterising Uses and Ancillary Uses : Cheat Sheet

Characterising use is not always a straightforward proposition. It requires analysis of the activities and premises in question, in the context of the applicable legislation and planning instruments. In this cheat sheet, we provide guidance about how to undertake that exercise.…

Native Title Newsletter 2025

New Renewable Energy Social Impact and Community Benefit Rules for Queensland: What Native Title and Indigenous Landowners Need to Know Click here to download the 2025 Native Title Newsletter PDF On 18 July 2025, Queensland introduced a new community benefit system under the Planning Act 2016 (Qld) through the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025. These changes affect how approvals…

Submission to the ALRC on Reforming the Future Acts Regime

P&E Law has provided a submission to the Australian Law Reform Commission’s Review of the Future Acts Regime (Discussion Paper 88), drawing on decades of experience representing Aboriginal and Torres Strait Islander clients in future act negotiations. Our submission supports the ALRC’s call for reform, highlighting that the current regime under the Native Title Act 1993 is no longer fit for purpose. Key themes include: (more…)

Currency of Approval: Cheat Sheet

This legal cheat sheet outlines the rules for development approvals under the Planning Act, covering when they become active, their standard expiry periods, what must be done to prevent them from lapsing, and how to apply for an extension.

Click here to download the PDF cheat sheet. [June 2025]

…

Conditions : Cheat Sheet

This cheat sheet briefly covers the law and principles regarding the powers of development conditions.

Click here to download the PDF cheat sheet. [June 2025]

…

When Coal Seam Gas and Renewable Energy Companies come knocking.

Rural land is often well-suited for both petroleum activities and renewable energy projects. Landowners will often agree to both types of companies developing their separate projects on the same land. The law does not currently require any coordination of those projects, creating potential problems for landowners. (more…)

Native Title Newsletter 2024

This edition of our Native Title Newsletter covers a number of topical native title issues. The inquiry into the Futures Acts regime; the streamlining of Native Title Regulations; helping to build sustainable PBCs; and key considerations for native title holders in negotiating land use agreements for renewable energy projects. Plus, we share highlights from Gulf Connect 2024. Stay informed and empowered. (more…)

Our submission highlights that there is no identified “management” of CSG induced subsidence proposed

P & E Laws’ agribusiness and planning team has provided a submission on the proposed amendments to the MERCP Act. Our submission highlights that in terms of arresting potential damage and further potential liability the draft legislative is lacking. It does not address the subsidence impacts on lineal and other infrastructure. Those impacts and the ongoing intermittent and regular subsidence impact on farming land will continue long after the companies responsible for the subsidence have gone. An analysis of the monitoring, the science, and the liability for compensation in relation to CSG subsidence and the draft legislative proposals is provided. Suggested alternative legislative amendments are included. …

CSG Activities and Cattle – Compensation for Impacts

This edition of our Landholder Newsletter focuses on the potential for compensation for the impacts of CSG activities on grazing land and stock. It also includes a review on the state of play regarding Mining Lease Objections. (more…)

Our submission seeks to prevent changes that threaten food and water security and private assets

P & E Law’s agribusiness and planning teams have provided a submission to the Department of State Development, Infrastructure, Local Government and Planning about the proposed amendments to the Regional Planning Interests Act 2014. The submission has focused on impacts on priority agricultural areas above the Walloon coal measures in the Condamine Alluvium. The examples given relate particularly to that area and are mostly directed to impacts on farms in priority agricultural areas for priority agricultural land uses. Many factors raised in the submission apply to the other areas of State significance including townships, environmental areas and strategic cropping land. …

CSG – Deviated Drilling & Subsidence

This edition of our Landholder Newsletter covers CSG Deviated Drilling, CSG related subsidence, and Regional Interests Development Approvals in Priority agricultural areas & Strategic cropping areas. (more…)

Temporary Local Planning Instrument template

Is your local council area struggling to provide enough accommodation for its residents? In the interests of the community P&E Law has drawn up a Temporary Local Planning Instrument (TLPI) template that can be adopted by any local government to give IMMEDIATE relief to the housing shortage issue in a local government area. Whilst long term solutions are needed for the housing/rental shortage crisis, the time taken for more housing to be built is lengthy in the current market where there are significant labour and construction material shortages. This TPLI provides various opportunities for immediate housing accommodation. [Oct 2021] …

The basics of the land acquisition process

What are your rights to object to land resumed for roads, railways and electrical works? What compensation are you entitled for land acquisitions? This article explains the basics of the land acquisition process. [May 2023] (more…)

P & E Law proposed amendment to Noosa Council Local Law No 3 – “Good Neighbourhoods” amendment

Is the short-term letting local law too divisive and can a better balance be achieved by a Good Neighbourhoods local law? As part of our commitment to the local community we drafted a proposed amendment to Noosa Council’s Local Law 3 to promote good behaviour in the community. The council in its 12-month review of the short-term letting local law is now considering a Good Neighbour Policy. [April 2023] (more…)

Minor changes to approvals : Cheat Sheet

This cheat sheet provides a quick overview on the legistion and process for Minor changes to approvals.

Click here to download the PDF cheat sheet. [October 2021]

…

Native title compensation

Native title compensation has become a popular talking point over the last three years with many of our clients interested in learning more about what to do and consider if lodging a compensation claim. This article provides some guidance and considers two compensation claims that were recently struck out:

Saunders on behalf of the Bigambul People v State of Queensland (No 2) [2021]…

Noosa Short-Term Long-Term Accommodation Information Booklet

There has been much public discussion of the impact of the changes in the 2020 Noosa Planning Scheme on Short-Term and Long-Term Accommodation.

In this article we review the history around the changes, the definition of Short-Term and Long-Term Accommodation, existing use rights, some considerations around existing approvals, superseded planning scheme applications and the prospects of obtaining an approval for Short-Term accommodation.

Click here to download the PDF document. [October 2021]

…

Latest CSG Industry Snapshot – How has it changed, what does it look like, what is planned?

The latest Underground Water Impact Report (UWIR 2019) was finalised by the Department of Environment and Science and released in November 2019. It provides an important snapshot into the coal seam gas (CSG) industry and the gas companies’ plans for future development. With the recent plummet in oil and gas prices, the figures and planned development for CSG will no doubt change. However the UWIR 2019 still provides useful industry insight. Since 2016, the area of existing and planned CSG production in the Surat cumulative management area (CMA) (which includes the Surat and Bowen Basins) has expanded by about 17%. Currently, there are approximately 6,800 CSG wells within existing production areas. According to UWIR 2019, this is projected to increase…

Audit on CSG Regulators

One of P&E Law’s key concerns representing landowners affected by the coal seam gas (CSG) industry over the last decade has been the lack of enforcement of environmental authority conditions by the Department of Environment and Science (DES), including conditions relating to noise, weeds, dust and land rehabilitation. As a result, P&E Law have always emphasised the importance of including strong contractual obligations into a Conduct and Compensation Agreement (CCA) requiring CSG companies to comply with environmental authority conditions so that landowners themselves have the power to enforce compliance. The Queensland Audit Office has recently audited the Department of Natural Resources, Mines and Energy (DNRME),…

Appeals filed after the commencement of the Planning Act 2016

On 30 April 2018, Her Honour Judge Kefford DCJ delivered her Judgment in Jakel Pty Ltd & Ors v Brisbane City Council & Anor [2018] QPEC 21. The Issue One of the primary issues in this case was whether the decision making regime under the Sustainable Planning Act 2009 (SPA) or the Planning Act 2016 (PA) applies, in respect of a development application that was: lodged while the SPA was in force; decided after commencement of the PA; and the subject of an appeal filed after commencement of the PA (on 3 July 2016). Both parties accepted that pursuant to section 311(4) of the PA, the administrative steps/process applicable to the appeal…