Land Access Survey

ELP is taking a lead in engaging with the Queensland Government in consulting on policy development, legislative implementation and on the twelve month review of the land access legislation, working collaboratively with Association of Mining and Exploration Companies Inc (AMEC) the Queensland Resources Council (QRC) and other tenement management companies.

As part of that effort, ELP is undertaking a survey of conduct and compensation agreements so that data can be made available to the government and stakeholders in reviewing the early stages of implementation of the land access legislation.

ELP, in consultation with -

• Association of Mining and Exploration Companies Inc (AMEC)
• Queensland Resources Council (QRC)
• Hetherington Exploration & Mining Title Services (HEMTS)
• Tenement Administration Services (TAS)

has undertaken to host and collate a survey of Conduct and Compensation Agreements.

The survey came about after discussions with DEEDI (Mines) about collating information on land access agreements, looking at a number of factors such as the types of agreements being entered, compensation paid (and whether trends were emerging by resource and region), in addition to identifying other access issues that were coming up in negotiations.

We suggested that this information could be collected in a way that the parties to the various agreements were not identified, so as to protect confidentiality. When completing the survey, it is not necessary to identify the parties or the specific land parcel.

The results of the survey will be made available to interested stakeholders and in particular to the legislative review panel.

There are a number of aims in collating the information:

• To establish if there are particular trends or standard approaches being entered into and, in particular, if those trends are emerging with respect to specific regions/resource types
• The new legislation adopted the heads of compensation from the existing Mining Lease compensation provisions. We're curious to see if in negotiations, parties are in fact undertaking calculations based on the Act's specific heads of compensation (e.g., severance, diminution of value, etc) or whether parties are tending to negotiate a catch-all fee for access or fee per activity.
• To provide statistical data that may assist stakeholders in the government's review of the legislation (scheduled to occur within 12 months after commencement)

Click here to complete the Land Access Survey.
For further details, contact James at james.sunter@elp.com.au