Tag Archives: Coal Seam Gas

What to include in a Conduct and Compensation Agreement

Conduct and Compensation Agreements or CCAs are the most important document a landholder will sign. Without a CCA, a CSG company cannot enter your land and undertake ‘advanced’ activities unless the matter has been referred to Court. A CCA will set the basis for access to your land, the activities that can be undertaken and the process to compensate you for your loss. These documents often seem harmless and often initial agreements are one page! However you need to beware of what you are signing away!

Preparing and knowing what to include in an agreement is important to a successful negotiation, and we work with you to ensure you get the best from your negotiations.

We will help you to identify any goals or issues you want included in your agreement. These may include setting fair, reasonable and workable solutions to:

  • ensure your safety and the safety of your family, employees and animals
  • preserve the amenity of your home
  • minimise or avoid the impact of resource activities on you, your activities and land
  • set out acceptable standards of conduct for anyone coming onto your land
  • identify anything the company may be able to do to assist or benefit you
  • ensure you don’t incur unreasonable out-of-pocket expenses from negotiating agreements
  • ensure you receive adequate compensation for impacts to you and your family, animals, crops, business and land
  • ensure your rights and those of your family are respected
  • reach an agreement that you and the company can live with and will abide by.

We use a wide range of experts to assist us with the assessment of issues and the verification of impacts. Experts that we brief include agronomists, hydrologists, valuers, noise consultants and animal production specialists. We find that the use of expert evidence is a critical component of assessing the compensatable effects of a development and ultimately proving that claim.

If you are faced with CSG or coal mining activities on your land please contact the team at Wright Clarke Solicitors – we’re here to help.

Your rights and obligations when faced with Mining activities on your land

New land laws came in to effect in October 2010 and these laws set out requirements of both the resource company and the landholder, in relation to access to the private land and the need for compensation. While a company with the required authority is allowed to explore and produce resources from private land the affected landholders are entitled to know what activities are being under taken and also receive compensation for those activities.

If a company has met all its legal obligations it is an offence for anyone, without a reasonable excuse, to obstruct a resource company from:

  • entering or crossing land to carry out authorised activities or
  • carrying out authorised activities.

For example, you cannot obstruct a resource company just because you don’t agree with the activities being carried out on your land.

As it’s likely you will be working with the company over an extended period of time, it’s in both parties interests to share a good working relationship. The negotiated conduct and compensation agreement is the foundation of that relationship and may assist in determining the quality of future interaction you have with the company.

In our next article we will be looking at what is included in a Conduct and Compensation Agreement and how you can best prepare for negotiations and ensure you come to an agreeable outcome.

If you are faced with CSG or coal mining activities on your land please contact the team at Wright Clarke Solicitors – we’re here to help.

Are you faced with mining activities on your land?

It is an antagonising and often worrying experience when first faced with exploration or development on your land especially when dealing with the uncertainty of unknown impacts to your land, business, family and your future.

It is important that prior to any entry to your property that you know your rights and know the right questions to ask. It is also important that you get the right legal advice from people with expertise in gas and mining negotiations, but also lawyers that understand you and your business.

Anna Radel prides herself on providing landholders with the highly technical advice they need in practical terms they can understand.

Our approach is simple:

  1. Negotiate an agreement which protects your rights – now and for any future impacts;
  2. Ensure you the landowner really understands the potential risks as opposed to the compensation amount offered;
  3. Clearly define and explain the activities that will be undertaken on your land and how those activities will be undertaken; and
  4. Include compensation which adequately covers your loss, the impact to your land, your business and your time.

If you are faced with CSG or coal mining activities on your land please contact the team at Wright Clarke Solicitors – we’re here to help.