Land access

The Queensland Government is committed to balancing the interests and sustainable growth of the agriculture and resource sectors. The following information explains the land access laws in operation in Queensland.

Please refer to the landholder information page.

Land Access Code

The laws include a single Land Access Code (PDF, 100 kB) that sets best practice guidance related to communications between landholders and resource companies and outlines mandatory conditions that must be complied with by resource companies undertaking activities on private land.

All resource companies undertaking exploration and development activities in Queensland must comply with conditions set out in the Land Access Code. It replaces:

• the Queensland Mining, Petroleum and Gas, Geothermal and Greenhouse Gas Storage Land Access Code and
• Code of Conduct - Procedures for sound landholder/explorer relations.

Policy and legislation - the Land Access Policy Framework

The laws are part of the Land Access policy framework which was developed in close consultation with the Land Access working group.

They provide consistency in land access across Queensland's various resource laws and affect companies involved in petroleum, minerals, coal, gas, geothermal and greenhouse gas storage, exploration and development.

More information: Guide to Queensland's land access laws (PDF, 120 kB)

Land Access Framework Review

A five-person independent panel has recently reviewed the land access framework of laws. The panel has consulted with industries and the community to assess the framework and its effectiveness.

Nominated landholders and resource companies who have been directly affected by the framework and have gone through the Conduct and Compensation Agreement process have been consulted individually by the panel.

In February 2012, the department received the panel´s report. The report's findings and recommendations will require policy consideration by executive government.

The government is in caretaker mode until after the 24 March 2012 Queensland election. No policy decisions can be made during this period.

In accordance with caretaker provisions, the review report will be retained by the department until such time that it can be provided to the incoming government to inform its policy considerations.

The land access laws in Queensland, which came into operation in late 2010, are designed to balance the interests and sustainable growth of the resource and agricultural sectors and improve the rights of landholders.

Panel members

Chair: Dr David Watson, Queensland Competition Authority board member and parliamentary leader of the Queensland Liberal Party 1998-2001

John Cotter, chair of the Surat Basin Coal Seam Gas Consultative Committee and former president of AgForce Queensland

Alice Clark, president of the Australasian Institute of Mining and Metallurgy and a mining consultant and geologist

Gary Sansom, AM, former president of the Queensland Farmers Federation with 20 years primary production experience

Geoff Dickie, chair of the Queensland Exploration Council with experience in the mining and petroleum sector

Native title

Land access applications by exploration and mining companies in Queensland are subject to federal native title legislation and Indigenous interests.

Native Title Services within the Department of Employment Economic Development and Innovation coordinates this process, liaising with industry and individuals to facilitate and expedite the grant of exploration and mining tenures that are subject to the provisions of the Native Title Act 1993 (Cwlth) and to promote resource development across the state.

Further information on native title

• Background
• Overview of native title processes
• Processing arrangements
• Right to negotiate process
• Indigenous land use agreements (ILUAs)
• Expedited procedure
• Public notices
• Native title forms
• Native title contacts

Environmental factors

In addition to native title, environmental factors must be addressed prior to gaining a right to enter upon the land.

Environmental management and regulation of the mining industry in Queensland is administered by the Department of Environment and Resource Management through the provisions of the Environmental Protection Act 1994 (Qld).

DEEDI retains certain responsibilities with respect to the environmental management of mining in Queensland.

Visit the Department of Environment and Resource Management for environmental authority (exploration) forms and petroleum application forms.