The Victorian Small Business Commission provides a dispute resolution service between a landowner who is a small business or a farmer and an explorer. Queensland`s land access laws define a process for negotiating behavioural and compensation agreements (the «legal negotiation process»). View the next table for the phases of the process. The presentation of the Land Access Agreement for Mineral Exploration (the model) is published by the Department of Planning and The Environment, in accordance with Section 141 (1A) of the Mining Act 1992. The goal is to help landowners and mineral exploration companies operating in NSW negotiate an access agreement. This proposal is intended to cover exploration of minerals and coal, but does not address access to land for opal exploration or oil exploration (including coal-layer gas). Note that the use of the model is optional. All access rules should be based on the recognition that explorers are «visitors» on private land and on the basis of an assessment of the needs and rights of mining researchers by landowners. The application must be sent to the magistrate`s court at the location of the land in question. The processes also give you the opportunity to discuss common land use rules so that the activities concerned can take place without excessive inconvenience or disruption. Exploitation on private land can only begin if a compensation agreement (if it exists) has been reached with private owners and occupiers.
Landowners and occupants are compensated for being deprived of ownership of the land and any damage. Learn more about compensation to be negotiated with private owners or occupants (page 120). These processes allow the shepherd or landowner/manager to know at an early stage what you can plan in your exploration activities. A country access contract is a contract negotiated between a commodity company and a private landowner regarding the rights of «country of access.» There are a number of key areas that need to be considered in land access agreements, including: The Petroleum and Geothermal Energy Resources Act 1967 defines the private domain as its own: we have developed a guide to help a landowner and explorer enter into a private property access agreement for exploration activities. It contains a checklist for landowners and explorers of how the agreement can be reached. Commodity companies must register behavioural and compensation agreements as well as exemption agreements on the title of the landowner. An owner cannot revoke his consent. For this reason, it is important to ensure that an agreement meets the needs of both parties for the duration of the exploration licence (usually five years). Both landowners and explorers have clear legal rights to access land for mineral exploration. Seek professional help in resolving your dispute – z.B.
by your lawyer, accountant or land access advisor The vast majority of relationships between explorers and landowners are positive. Courtesy, respect and honesty go a long way when it comes to building relationships between explorers and landowners. Contracts for pastoral, grazing and timber rentals and leases for the use and benefit of Aboriginal people are not considered private land. However, there is still a right to compensation for damage caused by soil improvement. Learn more about compensation for pastoral tenants and other specified tenants (page 121). Submitted to: Pulenu`u on this site Appendix 3 Land Access Agreement LAND ACCESS LAND ACCESS AGREEMENT ERAP PROJECT A land access agreement between landowners and stakeholders and the government is needed to formalize or implement road construction facilities. The Petroleum and Geothermal Energy Resources Act 1967 provides compensation for owners and