Legal development

QLD Foreword

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    Welcome to Ashurst's inaugural annual review of land access and resource approval developments in Queensland. 

    Through the course of 2020-2021, we have seen a number of key developments relating to land access and approvals for resource projects in Queensland.  While there have been minimal legislative developments, we have seen a raft of new decisions from the Land Court, as well as Government initiated review processes. 

    In particular, we have seen: 

    • land access negotiations between resource companies and landholders being affected by issues relating to public liability insurance, local Council rates and vegetation mapping;
    • decisions from the Land Court providing guidance on how compensation is to be assessed under the Mineral and Energy Resources (Common Provisions) Act 2014 (Qld); 
    • the Land Court consider mining lease objections made under the Human Rights Act 2019 (Qld) which came into force at the start of 2020; 
    • multiple occasions where a landholder has been ordered to pay the costs of a miner in Land Court proceedings; 
    • the Land Court striking out an objection to the grant of a mining lease on the ground that it was frivolous;
    • the Land Court handing down decisions providing particularly useful guidance on the assessment of compensation under the Mineral Resources Act 1989 (Qld) relating to the grant of mining leases;
    • the Queensland Audit Office tabling its audit report on managing coal seam gas activities which has led to a number of review processes; and 
    • the GasFields Commission Queensland's release of a new version of its Gas Guide (Gas Guide 2.0).  

    At Ashurst, we have continued to have the pleasure of advising resource proponents, renewable energy proponents, Government and landholders in relation to land access and resource approval related matters. 

    We encourage you to reach out to us if you would like to discuss any aspect of this publication.  We also commend you to read our Native Title Year in Review 2020 which can be accessed here

    If you would like to download a copy of the full series, click on the PDF below. 

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