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.