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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:…
1 July 2018 is the cut-off date for local governments to introduce local laws to replace the State government waste management laws that will expire on that date.1 Time is running out for local governments to meet all of the obligations of the local law making process prior to the cut-off date.2 The state government…
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…
Landowners in Queensland are able to grant rights over the carbon in part or all of their land as a carbon abatement product under the Commonwealth Government’s Carbon Farming Initiative. A carbon abatement interest provides for the exclusive legal right to the economic benefits of carbon sequestration on the land. Carbon abatement interests are capable…
On 13 April 2017, the Land Court made a determination of compensation payable for coal seam gas related activities in the case of QGC Pty Limited & Ors v Eugenehans Peter Vogt and Anor [2017] QLC 20. It is the first case in Queensland in which a determination of compensation has been made for coal…
On 27 September 2016 the Mineral and Energy Resources (Common Provisions) Act 2014 (the Common Provisions Act) commenced, which seeks to consolidate similar provisions of different resources legislation into one. One of the focus areas of the Common Provisions Act is in relation to land access. P&E Law made a number of policy submissions during…
The Environmental Protection (Underground Water Management) and Other Legislation Amendment Act 2016 (the Act) commenced on 22 November 2016. The Act changes environmental assessment and management of underground water extraction by resource projects by amending the Environmental Protection Act 1994 and the Water Act 2000. Numerous changes have been made to the “make good” framework…
Landowners should be aware that as consumers of goods and services they have rights that are protected under the Australian Consumer Law (ACL). The ACL is the national law for fair trading and consumer protection. The ACL includes: a national unfair contract terms law covering standard form consumer and small business contracts; a national law…
Rehabilitation of land following CSG and mining activities remains a constant problem for landowners. Typical problems include the mixing of topsoils, inadequate erosion control measures and the introduction of weeds. Landowners have strong rights to ensure that rehabilitation is performed adequately. These rights exist despite any agreements that you have entered into with a resource…
Many landowners have negotiated easements with resource companies which authorise the construction, operation and maintenance of gas pipelines, particularly the major trunklines from the Surat Basin to the Gladstone LNG plant or trunklines from gas fields to compressor stations. A key feature in most easement agreements is an obligation on resource companies to comply with…
There are similar rehabilitation conditions imposed on resource companies under EA’s for coal seam gas developments which have been authorised by Conduct and Compensation Agreements (CCAs) entered into between landowners and resource companies. Most CCAs contain a contractual commitment from the resource company to comply with the conditions of the EA including to consult with…
The Department of Natural Resources and Mines (DNRM) CSG Compliance Unit has established CSG Net Groups which aim to assist landowners to effectively monitor water levels in their water bores. Registering for a CSG Net Group allows landowners to upload monitoring data online using a program which automatically generates monitoring graphs for that selected bore. This…
Even in circumstances where you have signed an agreement authorising the development of pipeline infrastructure on your land in exchange for the payment of compensation, there are ongoing rehabilitation obligations that must be met by resource companies. The standard of rehabilitation on your land will either comply with the EA conditions or not. If EA…
A recent decision in NSW highlighted the importance of undertaking a proper assessment of Aboriginal cultural heritage in order to obtain development approval for a project. In Darkinjung Local Aboriginal Council & Ors v Minister for Planning & Infrastructure Anor [2015] NSWLEC 1465 the NSW Land and Environment Court refused the extension of an existing…
Landowners across the region should be aware that the impacts of the groundwater extraction associated with coal seam gas (CSG) development may not be limited to the Walloon Coal Measures as originally predicted in the Underground Water Impact Report (UWIR) in 2012. The revised UWIR was released in draft in March 2016. The report concludes…
P&E Law lodged a recent submission on behalf of landowners in respect of the Palaszczuk government’s Mineral and Other Legislation Amendment Bill 2016 introduced in February 2016. The Bill proposes to amend the Mineral and Energy Resources (Common Provisions) Act 2014 (the MERCP Act) which is currently scheduled to commence on 27 September 2016. On a…
The United Nations Declaration on the rights of Indigenous peoples includes in Article 19 a fairly narrowly focused requirement for States to obtain free, prior and informed consent before adopting measures that may affect Indigenous peoples. The concept of free (with no coercion, intimidation or manipulation), prior (with the consent to be sought long enough…
On 15 March 2016 the Environmental Protection (Chain of Responsibility) Amendment Bill 2016 (the Bill) was introduced into the Queensland Parliament. The purpose of the Bill is to amend the Environmental Protection Act 1994 (EP Act) to: facilitate enhanced environmental protection for sites operated by companies in financial difficulty; and avoid the State bearing the…