Tag Archives: Rural

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.