When a resource company wants access
Holding a mining or petroleum tenure does not by itself entitle a company to do whatever it likes on your land. Queensland's land access framework distinguishes between preliminary activities, which have low impact and can be carried out after notice, and advanced activities, which require either a conduct and compensation agreement or a determination.
The distinction matters because it determines whether you have a negotiation or merely a notification. If a company is proposing anything beyond low-impact preliminary work, you are entitled to negotiate.
Conduct and compensation agreements
A CCA governs how the company conducts activities on your land and what it pays you. It is a commercial agreement, and the first draft you receive is the company's preferred position, not a standard form you must accept.
Your legal and valuation costs are generally payable
A landholder's reasonably and necessarily incurred costs of negotiating a conduct and compensation agreement — including legal and valuation advice — are generally payable by the resource company.
That materially changes the calculus. Landholders frequently sign without advice believing they cannot afford it. In most cases they can, and the company pays.
What is actually negotiable
- Where activities can and cannot occur
- Access routes, gates and biosecurity protocols
- Notice before entry, and who may enter
- Hours of operation and noise
- Water bores, and make good obligations
- Fencing, grids and stock management
- Rehabilitation standards and timing
- Compensation, and how it is paid
The operational terms usually matter more to a working property than the dollar figure. A generous payment does not compensate for an access route that cuts a paddock in two, or entry rights that disregard mustering. Negotiate the conduct as hard as the compensation.
Compulsory acquisition
Resumption is the compulsory taking of land by an authority — commonly for roads, rail, transmission lines or water infrastructure — under the Acquisition of Land Act 1967 (Qld). It can take the whole property or a part of it, and a partial taking often causes more difficulty than a whole one.
The process begins with a notice of intention to resume, which triggers an objection period. Many landholders treat the notice as a formality and let the objection period pass. It is not a formality: it is the point at which the extent and necessity of the taking can be challenged.
Objecting to a resumption
An objection is made to the acquiring authority within the period stated in the notice, and you are entitled to be heard. Grounds commonly include the necessity for the taking, the extent of land proposed, whether an alternative alignment would serve, and the effect on the balance of the property.
Objecting does not usually stop a genuinely necessary public work, but it frequently changes the boundary, the alignment or the conditions — and those changes can be worth more than the compensation.
Compensation
Compensation for resumed land is assessed on defined heads, broadly:
- The value of the land taken
- Severance — the effect on the balance of the property
- Injurious affection
- Disturbance costs, including relocation
- Professional fees reasonably incurred
- Interest
Severance is where partial resumptions are won or lost. If taking a strip through the middle of a property leaves two parcels that are less useful than one, that loss is compensable — but only if it is identified, evidenced and claimed. A valuation that prices only the strip understates the claim substantially.
What it costs
- CCA negotiation costs generally paid by the resource company
- Reasonable professional fees compensable in resumptions
- Fixed fee for an initial review
- Stage estimates thereafter
- We work alongside your valuer and agronomist
- Early advice, before you respond
Frequently asked questions
It depends on the activity. Preliminary activities, which are low impact, can generally be carried out after notice. Advanced activities require either a conduct and compensation agreement or a determination. If a company proposes anything beyond low-impact preliminary work, you are entitled to negotiate rather than merely be notified.
Generally not. A landholder's reasonably and necessarily incurred costs of negotiating a conduct and compensation agreement, including legal and valuation advice, are generally payable by the resource company. Many landholders sign without advice believing they cannot afford it, when in most cases the company pays.
The operational terms usually matter more to a working property than the dollar figure: where activities can occur, access routes and gates, biosecurity, notice before entry, hours of operation, effects on water bores and make good obligations, fencing and stock management, and rehabilitation standards. Negotiate conduct as hard as compensation.
Yes. A notice of intention to resume triggers an objection period, and you are entitled to be heard by the acquiring authority. Grounds commonly include the necessity for the taking, the extent of land proposed, whether an alternative alignment would serve, and the effect on the balance of the property. Do not let the objection period pass.
Compensation is assessed on defined heads including the value of the land taken, severance reflecting the effect on the balance of the property, injurious affection, disturbance costs including relocation, professional fees reasonably incurred, and interest. Severance is where partial resumptions are commonly undervalued, so it must be identified and evidenced.
More information
As a landowner you may be approached by a mining or resource company requesting access to your property. Or you may be contacted by the Local or State Government in relation to the resumption of your property.
Mining, resource and resumption
Property access and resumption proposals can raise complex legal and practical issues. Many landowners experience difficulty and stress at times when dealing with those issues. We have extensive experience dealing with mining, resource and resumption bodies and we appreciate the how these matters may impact on your property management and cause you inconvenience.
Our Rockhampton and Brisbane lawyers at South Geldard Lawyers assist owners of residential, rural and commercial properties who are affected by the mining/resource sector or government agencies.
South Geldard Lawyers can help you deal with what may be a difficult and complex matter and assist you to achieve the best possible outcome.
- Advice as to how the process works
- Mineral exploration and production access
- Coal Seam Gas exploration and production access
- Negotiations for:
– compensation on your behalf
– terms and conditions which address your concerns and property management requirements - Drafting documentation for access or compensation including
– access agreements for exploration (eg. a Conduct and Compensation agreement)
– agreements relation to mining and resource extraction on your property (eg. access and compensation for production) - Resumption of part of your property (eg. an easement)
- Resumption of an entire property
- Rail and Transport Corridors
- Royalty agreements
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Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.