Queensland Numbered Acts Queensland Numbered ActsAfter part 19--
insert--
'An exploration tenement is any exploration permit or mineral development licence.
'(1) A preliminary activity, for a provision about an exploration tenement, means an authorised activity for the tenement that will have no impact, or only a minor impact, on the business or land use activities of any owner or occupier of the land on which the activity is to be carried out.
Examples--
walking the area of the permit or licence
driving along an existing road or track in the area
taking soil or water samples
geophysical surveying not involving site preparation
aerial, electrical or environmental surveying
survey pegging
'(2) However, the following are not preliminary activities--
(a) an authorised activity carried out on land that--
(i) is less than 100ha; and
(ii) is being used for intensive farming or broadacre agriculture;
Examples--
land used for dryland or irrigated cropping, plantation forestry or horticulture
a dairy, cattle or sheep feedlot, piggery or poultry farm
(b) an authorised activity carried out within 600m of a school or an occupied residence;
(c) an authorised activity that affects the lawful carrying out of an organic or bioorganic farming system.
'An advanced activity, for a provision about an exploration tenement, means an authorised activity for the tenement other than a preliminary activity for the tenement.
Examples--
levelling of drilling pads and digging sumps
bulk sampling
open trenching or costeaning with an excavator
vegetation clear-felling
constructing an exploration camp, concrete pad, sewage or water treatment facility or fuel dump
geophysical surveying with physical clearing
carrying out a seismic survey using explosives
constructing a track or access road
changing a fence line
'In this schedule--
ADR see section 20(2)(b).
compensation liability see section 13(2).
conduct and compensation agreement see section 14(1).
conduct and compensation agreement requirement see section 10(2).
deferral agreement see section 11(c)(i).
election notice see section 20(2).
eligible claimant see section 13(1).
entry notice see section 5(1).
minimum negotiation period see section 17(2)(a).
negotiation notice see section 16(1).
parties see section 17(1).
private land means freehold land or an interest in land less than fee simple held from the State under another Act, other than--
(a) to the extent of an interest in any of the following relating to the land--
(i) a mining interest;
(ii) a petroleum tenure or a licence under the Petroleum and Gas (Production and Safety) Act;
(iii) a GHG authority;
(iv) a geothermal tenure;\
(v) an occupation right under a permit under the Land Act 1994; or
(b) land owned by a public land authority.
public land means land other than--
(a) private land; or
(b) to the extent an interest in any of the following relates to the land--
(i) a mining interest;
(ii) a petroleum tenure or a licence under the Petroleum and Gas (Production and Safety) Act;
(iii) a GHG authority;
(iv) a geothermal tenure;
(v) an occupation right under a permit under the Land Act 1994.
public land authority, for land, means--
(a) if the land is a public road--the road authority for the road; or
(b) if a local government or other authority is, under an Act, charged with the control of the land--the local government or other authority; or
(c) otherwise--the chief executive of the department administering the Act under which entry to the land is administered.
'(1) A person must not--
(a) enter private land in an exploration tenement's area to carry out a preliminary activity for the tenement; or
(b) enter private land in an exploration tenement's area to carry out an advanced activity for the tenement if either of the following applies for the entry--
(i) the deferral agreement exemption;
(ii) the Land Court application exemption; or
(c) enter public land an exploration tenement's area to carry out any authorised activity for the tenement;
unless the exploration tenement's holder has given each owner and occupier of the land a written notice of the entry that complies with section 6 (an entry notice).
Maximum penalty--500 penalty units.
'(2) The entry notice must be given--
(a) generally--at least 10 business days before the entry; or
(b) if, by a signed endorsement on the notice, the relevant owner or occupier has agreed to a shorter period--the shorter period.
Maximum penalty--500 penalty units.
'(3) The holder must give the mining registrar a copy of the entry notice immediately after the notice is given and before entry is made under the exploration tenement.
Maximum penalty--10 penalty units.
'(4) A contravention of subsection (3) does not affect the validity of the notice or the entry.
'(5) This section is subject to section 7.
'(6) In this section--
deferral agreement exemption, for an entry, means that the conduct and compensation agreement requirement does not apply for the entry because of section 11(c)(i).
give, for an entry notice, includes publishing it in a way approved under section 9.
Land Court application exemption, for an entry, means that the conduct and compensation agreement requirement does not apply for the entry because of section 11(c)(ii).
'(1) An entry notice must state the following--
(a) the land proposed to be entered;
(b) the period during which the land will be entered (the entry period);
(c) the activities proposed to be carried out on the land;
(d) when and where the activities are proposed to be carried out;
(e) contact details for--
(i) the relevant exploration tenement holder; or
(ii) another person the holder has authorised to discuss the matters stated in the notice.
'(2) Also, the first entry notice from the exploration tenement holder to a particular owner or occupier must be accompanied by or include a copy of--
(a) the exploration tenement; and
(b) the land access code; and
(c) any code of practice made under this Act applying to authorised activities for the exploration tenement; and
(d) the relevant environmental authority documentation.
'(3) The entry period can not be longer than--
(a) generally--6 months; or
(b) if the relevant owner or occupier agrees in writing to a longer period--the longer period.
'(4) Subject to subsections (1) to (3), an entry notice may state an entry period that is different to the entry period stated in another entry notice given by the exploration tenement holder to another owner or occupier of the land.
'(5) In this section--
relevant environmental authority documentation means--
(a) if, under the Environmental Protection Act, the relevant environmental authority (exploration) is a code compliant authority--the relevant code; or
(b) if, under the Environmental Protection Act, the relevant environmental authority (exploration) is a non-code compliant authority--
(i) the environmental authority; and
(ii) if the environmental authority imposes conditions by referring to a code--that code.
'(1) The requirement under section 5(1) to give an entry notice does not apply for an entry to land to carry out an authorised activity if any of the following apply--
(a) the exploration tenement holder owns the land;
(b) the holder has the right other than under this Act to enter the land to carry out the activity;
(c) if--
(i) there is a conduct and compensation agreement relating to the land; and
(ii) each eligible claimant for the land is a party to the agreement; and
(iii) the agreement includes a waiver of entry notice;
(d) the entry is to preserve life or property or because of an emergency that exists or may exist;
(e) the relevant owner or occupier has, by signed writing, given a waiver of entry notice.
'(2) A waiver of entry notice mentioned in subsection (1) must comply with section 8(1).
'(1) A waiver of entry notice mentioned in section 7 must--
(a) if it does not form part of a conduct and compensation agreement, be written and signed; and
(b) state the following--
(i) that the relevant owner or occupier has been told they are not required to agree to the waiver of entry notice;
(ii) the authorised activities proposed to be carried out on the land;
(iii) the period during which the land will be entered;
(iv) when and where the activities are proposed to be carried out.
'(2) The relevant owner or occupier can not withdraw the waiver of entry notice during the period.
'(3) The waiver of entry notice ceases to have effect at the end of the period.
'(1) The mining registrar may approve an exploration tenement holder giving an entry notice for the tenement by publishing it in a stated way.
'(2) The publication may relate to more than 1 entry notice.
'(3) The mining registrar may give the approval only if--
(a) for a relevant owner or occupier who is an individual, it is impracticable to give the owner or occupier the notice personally; and
(b) the publication will happen at least 20 business days before the entry.
'(1) A person must not enter private land an exploration tenement's area to carry out an advanced activity for the tenement (the relevant activity) unless each eligible claimant for the land is a party to an appropriate conduct and compensation agreement.
Maximum penalty--500 penalty units.
'(2) The requirement under subsection (1) is the conduct and compensation agreement requirement.
'(3) In this section--
appropriate conduct and compensation agreement, for an eligible claimant, means a conduct and compensation agreement about the holder's compensation liability to the eligible claimant of at least to the extent the liability relates to the relevant activity and its effects.
'The conduct and compensation agreement requirement does not apply for an entry to land to carry out an advanced activity if any of the following apply--
(a) the exploration tenement holder owns the land;
(b) the holder has the right other than under this Act to enter the land to carry out the activity;
(c) each eligible claimant for the land is--
(i) a party to an agreement, complying with section 12, that a conduct and compensation agreement can be entered into after the entry (a deferral agreement); or
(ii) an applicant or respondent to a Land Court application under section 22 relating to the land;
(d) the entry is to preserve life or property or because of an emergency that exists or may exist.
'A deferral agreement must--
(a) be written and signed by or for the holder and each eligible claimant for the land to be entered; and
(b) state the following--
(i) that the eligible claimant has been told the claimant is under no obligation to enter into a deferral agreement before entering into a conduct and compensation agreement;
(ii) the authorised activities proposed to be carried out on the land;
(iii) the period during which the land will be entered;
(iv) when and where the activities are proposed to be carried out;
(v) the period for which the deferral agreement has effect;
(vi) when it is proposed to enter into a conduct and compensation agreement.
'(1) The holder of each exploration tenement is liable to compensate each owner or occupier of private land or public land in the tenement's area (an eligible claimant) for any compensatable effect the eligible claimant suffers caused by relevant authorised activities.
'(2) An exploration tenement holder's liability under subsection (1) to an eligible claimant is the holder's compensation liability to the claimant.
'(3) This section is subject to section 11.
'(4) In this section--
compensatable effect means all or any of the following relating to the eligible claimant's land--
(a) deprivation of possession of its surface;
(b) diminution of its value;
(c) diminution of the use made or that may be made of the land or any improvement on it;
(d) severance of any part of the land from other parts of the land or from other land that the eligible claimant owns;
(e) any cost, damage or loss arising from the carrying out of activities under the exploration tenement on the land.
relevant authorised activities means authorised activities for the exploration tenement carried out by the holder or a person authorised by the holder.
'(1) An eligible claimant and an exploration tenement holder may enter into an agreement (a conduct and compensation agreement) about--
(a) how and when the exploration tenement holder may enter the land for which the eligible claimant is an eligible claimant to carry out an advanced activity for the tenement; and
Notes--
1 For restrictions on entry to private land to carry out an advanced activity, see section 10.
2 For when an entry notice is required, see section 5.
(b) how authorised activities under the exploration tenement, to the extent they relate to the eligible claimant, must be carried out; and
(c) the holder's compensation liability to the claimant or any future compensation liability that the holder may have to the claimant.
'(2) However, a conduct and compensation agreement can not be inconsistent with this Act, a condition of the exploration tenement or a mandatory provision of the land access code and is unenforceable to the extent of the inconsistency.
'(3) A conduct and compensation agreement may relate to all or part of the liability or future liability.
'(1) A conduct and compensation agreement between an eligible claimant and an exploration tenement holder must--
(a) provide for the matters mentioned in section 14(1); and
(b) be written and signed by or for the eligible claimant and the holder; and
(c) state whether it is for all or part of the liability; and
(d) if it is for only part of the liability, state--
(i) details of each activity or effects of the activity to which the agreement relates; and
(ii) the period for which the agreement has effect; and
(e) provide for how and when the liability will be met.
'(2) A conduct and compensation agreement may--
(a) provide for--
(i) monetary or non-monetary compensation; or
Example of non-monetary compensation--
A conduct and compensation agreement may provide for the construction of a road for the claimant.
(ii) a process by which it may be amended or enforced; and
Example of a process for amendment--
A conduct and compensation agreement may provide for compensation under it to be reviewed on the happening of a material change in circumstances for the exploration tenement.
(b) provide for any compensation that is or may be payable by the holder to the eligible claimant under the Environmental Protection Act.
'(3) This section does not limit the matters that may be provided for in a conduct and compensation agreement.
Note--
Generally, an exploration tenement holder can not enter private land to carry out an advanced activity unless the holder complies with this part. See sections 10 and 11.
'(1) An exploration tenement holder may give an eligible claimant to whom the holder has a compensation liability a notice (the negotiation notice) that the holder wishes to negotiate a conduct and compensation agreement or a deferral agreement with the eligible claimant.
'(2) The negotiation notice must be accompanied by a copy of the land access code and state all of the following--
(a) if the holder wishes to negotiate a conduct and compensation agreement--
(i) whether the holder wishes to negotiate all or part of the holder's compensation liability to the eligible claimant; and
(ii) if the holder only wishes to negotiate part of the liability--what the part is;
(b) if the holder wishes to negotiate a deferral agreement--that wish and the reasons for it;
(c) the land the exploration tenement tenure holder proposes to enter;
(d) the activities proposed to be carried out on the land;
(e) when and where the activities are proposed to be carried out;
(f) contact details for--
(i) the relevant exploration tenement holder; or
(ii) another person the holder has authorised to discuss the matters stated in the notice.
'(3) The exploration tenement holder must give the mining registrar a copy of the negotiation notice immediately after it is given.
Maximum penalty for subsection (3)--10 penalty units.
'(1) On the giving of the negotiation notice, the exploration tenement holder and the eligible claimant (the parties) must use all reasonable endeavours to negotiate a conduct and compensation agreement or a deferral agreement (a relevant agreement).
'(2) The period of the negotiations--
(a) must be at least for the period provided for under section 18 (the minimum negotiation period); but
(b) may continue for as long as the parties wish.
'(3) If, during the minimum negotiation period, the parties enter into a relevant agreement, the exploration tenement holder can not enter the relevant land to carry out advanced activities for the exploration tenement until the period ends.
'(4) Subsection (3) applies despite the terms of the agreement.
'(1) Generally, the minimum negotiation period is 20 business days from the giving of the negotiation notice (the usual period).
'(2) Either party may, within the usual period, ask the other to agree to a longer minimum negotiation period because of stated reasonable or unforeseen circumstances.
'(3) If the other party so agrees, the longer minimum negotiation period is the minimum negotiation period.
'(1) This section applies if the parties enter into a conduct and compensation agreement or a deferral agreement during the minimum negotiation period.
'(2) Either of the parties may, within the minimum negotiation period, terminate the agreement by giving notice to the other party.
'(3) On the giving of a notice under subsection (2), the terminated agreement is taken never to have had any effect.
'(4) To remove any doubt, it is declared that subsection (3) does not change the time when the negotiation notice was given.
'(1) This section applies if, at the end of the minimum negotiation period, the parties have not entered into a conduct and compensation agreement or deferral agreement.
'(2) Either party may by a notice (an election notice)--
(a) to the other party and a relevant officer--ask for a relevant officer to call a conference to negotiate a conduct and compensation agreement; or
(b) to the other party--call upon them to agree to an alternative dispute resolution process (an ADR) to negotiate a conduct and compensation agreement.
'(3) If the notice calls for an ADR, it must--
(a) identify the ADR; and
(b) state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR.
'(4) An ADR may be a process of any kind including, for example, arbitration, conciliation, mediation or negotiation.
'(5) However, the facilitator must be independent of either party.
'(1) This section applies if an election notice is given.
'(2) If a conference was requested--
(a) the relevant officer must take all reasonable steps to ensure the conference is finished within 20 business days after the notice is given (the usual period); and
(b) part 10, division 1B applies for the conference.
'(3) If an ADR was called for, the parties must use reasonable endeavours to finish it within 20 business days after the giving of the notice (also the usual period).
'(4) Either party may, within the usual period, ask the other to agree to a longer period to finish the conference or ADR because of stated reasonable or unforeseen circumstances.
'(5) If the parties agree to the longer period, that period applies instead of the usual period.
'(6) If an ADR was called for, section 335I applies to the ADR as if a reference in the section to a conference were a reference to an ADR.
Editor's note--
section 335I (What happens if a party does not attend)
'(1) This section applies if an election notice is given and--
(a) a party asked a relevant officer to call a conference and the relevant officer does not finish it within the period required under section 21 (the required period); or
(b) a party called for an ADR and the person facilitating the ADR does not finish it within the period required under section 21 (also the required period).
'(2) This section also applies if an election notice is given and--
(a) only 1 party attended the conference requested or ADR called for; or
(b) both parties attended the conference or ADR and, at the end of the required period, there is no conduct and compensation agreement between the parties.
'(3) An eligible party may apply to the Land Court for it to decide the exploration tenement holder's--
(a) compensation liability to the claimant; or
(b) future compensation liability to the claimant for an authorised activity for the exploration tenement holder proposed to be carried out by or for the holder.
'(4) However, the Land Court may decide the liability or future liability only to the extent it is not subject to a conduct and compensation agreement.
'(5) In hearing the application, the Land Court must as much as practicable ensure the hearing happens together with, or as closely as possible to, the hearing of any relevant environmental compensation application.
'(6) In this section--
eligible party means a party who attended the conference or ADR.
relevant environmental compensation application means an application to the Land Court for compensation that is or may be payable by the exploration tenement holder to the eligible claimant under the Environmental Protection Act.
'(1) This section applies if--
(a) the compensation liability or future compensation liability of an exploration tenement holder to an eligible claimant has been agreed to under a conduct and compensation agreement or decided by the Land Court (the original compensation); and
(b) there has been a material change in circumstances (the change) since the agreement or decision.
'(2) The eligible claimant or the holder may apply to the Land Court for it to review the original compensation.
'(3) In carrying out the review, the Land Court may review the original compensation only to the extent it is affected by the change.
'(4) If the Land Court considers the original compensation is not affected by the change, it must not carry out or continue with the review.
'(5) The Land Court may, after carrying out the review, decide to confirm the original compensation or amend it in a way the court considers appropriate.
'(6) If the decision is to amend the compensation, the original compensation as amended under the decision is, for this Act, taken to be the original compensation.
'(1) The Land Court may make any order it considers appropriate to meet or enforce its decision on an application under this part.
'(2) Without limiting subsection (1), the Land Court may order non-monetary compensation as well as monetary compensation.
'(1) This part provides for additional matters for which the Land Court has jurisdiction.
'(2) The jurisdiction is subject to parts 2 to 6.
'(1) This section applies if--
(a) an exploration tenement holder and an eligible claimant can not reach agreement about a conduct and compensation agreement; or
(b) there is a conduct and compensation agreement or deferral agreement.
'(2) The Land Court may assess all or part of the relevant exploration tenement holder's compensation liability to another party.
'(3) In this section--
party means any of the following--
(a) the relevant exploration tenement holder;
(b) an eligible claimant mentioned in subsection (1)(a);
(c) an eligible claimant who is a party to an agreement mentioned in subsection (1)(b).
'(1) In deciding a matter mentioned in section 26(2), the Land Court may--
(a) impose any condition it considers appropriate for the exercise of the parties' rights; or
(b) vary any existing condition under an agreement between the parties.
'(2) The variation may be made on any ground the Land Court considers appropriate.
'(3) The imposed or varied condition is taken to be--
(a) if there is an agreement between the parties--a condition of the agreement; or
(b) if there is no agreement between the parties--an agreement between the parties.
'(4) In this section--
agreement means a conduct and compensation agreement.
condition means a condition of or for a conduct and compensation agreement.
'A conduct and compensation agreement or a Land Court decision under this schedule is for the benefit of and is taken to have been agreed to or decided for and is binding on--
(a) the relevant eligible claimant; and
(b) the exploration tenement holder; and
(c) each of their successors and assigns including successors and assigns for the area of the relevant exploration tenement.'.