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…
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…
Background In 2017, the respondent (Geldard) purchased ‘Lower Heatherley’ from Australian Pacific LNG Pty Ltd, which had 8 operational and 14 non-operational coal seam gas wells on the land. The land was categorised for rating purposes as 4/31 Petroleum Other (>400HA) by the appellant, Western Downs Regional Council (WDRC). Geldard used the land for solely…
Geldard v Western Downs Regional Council [2019] QLC 17 A recent Land Court decision has provided guidance about how local government should deal with rating categorisation in the context of petroleum activities on rural properties. In the case of Geldard v Western Downs Regional Council [2019] QLC 17, the appellant had purchased a property in…
Landholders, resource companies and lawyers have been waiting with interest for further decisions about compensation for advanced exploration activities under the petroleum and mining legislation in Queensland. The recent Land Court decision Deimel v Phelps & Anor [2019] QLC 4 (Deimel) offers some guidance about how the Land Court will apply compensation provisions of the Mineral…
In our November 2017 Landholder Update we reported on the proposed changes to the statutory negotiation process for Conduct and Compensation Agreements (CCA) and Make Good Agreements (MGA) under the Mineral, Water and Other Legislation Amendment Bill 2017 (introduced into Parliament on 22 August 2017) (2017 Bill). Since that time there has been an election…
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…
Protected Plants Flora Survey Trigger Map There has been a spike in “blue dot” enquiries on vegetation mapping. Numerous requests have been raised about the “high risk area” trigger map under Nature Conservation Act 1992 (“NCA”) and Nature Conservation (Wildlife Management) Regulation 2006 and interactions with the Property Maps of Assessable Vegetation (PMAV) under the…
In 2015 the Queensland Government commissioned an independent review of the Gasfields Commission to assess, among other things: whether the Gasfields Commission was achieving its purpose; to evaluate its effectiveness in managing disputes; and to investigate whether an alternative dispute resolution model was required for landholders and gas companies. Since the review was released in…
A recent decision of the Planning and Environment Court may have implications for the validity of Infrastructure Charges Notices (ICNs) issued by Council under the Sustainable Planning Act 2009 (SPA), and, to a lesser extent, the Planning Act 2016 (PA). On 4 May 2018, Her Honour Judge Kefford DCJ published her decision in Sunland Group…
If the State of Queensland representing the people of Queensland decides to protect the natural vegetation based upon good science, then the current vegetation management regime is ineffective. Governments of different political persuasions take different views in relation to what ought to be protected and how it ought to be protected. A bipartisan approach to…
Recent behaviour by CSG companies when meeting with landowners is cause for significant concern. Entering into a Conduct and Compensation Agreement (CCA) that allows coal seam gas activities to occur on rural land is a decision that requires great consideration. A CCA is a complex, long-term legal transaction that binds current and future landowners. Like…
The protected plants regulations under the Nature Conservation Act 1992 and Nature Conservation (Wildlife Management) Regulation 2006, otherwise known as the ‘big blue dot’, has caused frustration and confusion amongst landholders. So, what is it, and what does it mean for farmers? Basically, the big blue dot means that you are in a high risk…
The debate is ongoing in relation to holiday and permanent use of accommodation. In New South Wales the state government and councils have vacillated from trying to regulate Airbnb accommodation to not regulating it. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allow premises to be used as bed and breakfast without Council…
On 8 March 2018 the Vegetation Management and Other Legislation Amendment Bill 2018 was introduced into Parliament. The Bill seeks to deliver the Government’s 2017 election commitment to “protect remnant and high conservation value non-remnant vegetation; amend the accepted development vegetation clearing codes to ensure they are providing appropriate protections based on Queensland Herbarium advice;…
There needs to be an accord between community and government when considering the use of roads. There has been an abject lack of accord in some local government areas recently, and community meetings and open forums can be a positive attempt to advance agreement. An understanding of the common law basis of roads and the…
The Sunshine Coast Regional Council has recently become embroiled in a turf war over footpath planting. Its response is to provide a Permit Application process under the local laws. This may not be the right process. Development is defined in the Planning Act 2016 and includes “operational work” which is: operational work means work, other…
The use of signs by local government is an appropriate mechanism to inform people of appropriate conduct in accordance with the Council’s local laws. The model local laws applied in Queensland require local governments to take reasonable steps to provide notice to members of the public and variously defines “reasonable steps”. By way of example:…
Background On 18 August 2017 judgment has handed down by the Land Court in the matter of Nothdurft & Anor v QGC Pty Limited & Ors [2017] QLC 41. Mr and Mrs Nothdurft brought an application in the Land Court seeking a review of compensation under their 2006 Compensation Agreement with QGC in relation to…
The Mineral, Water and Other Legislation Amendment Bill was introduced into the Queensland Parliament on 22 August 2017. The Bill proposes a number of changes that will impact on the way conduct and compensation agreements (CCA) and make good agreements (MGA) are negotiated. The Bill is in response to some of the recommendations of “The…