Legal development

QLD Land Access Year in Review 2022 foreword

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    Welcome to the 2022 year in review of land access and resource approval developments in Queensland.

    It has been another very busy year in the world of land access and resource approval matters in Queensland.  Of significance, since late 2021 through 2022, we have seen:

    • land access negotiations between resource companies and landholders being affected by issues relating to subsidence, public liability insurance, local Council rates and vegetation mapping;
    • continuing co-existence issues between renewable energy project proponents and the resource industry; 
    • 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;
    • consideration regarding the scope of "cultural rights" under the Human Rights Act 2019 (Qld) and, for the first time, the Land Court taking on country evidence from First Nations witnesses as part of a mining lease objection hearing;
    • legislative amendments to Queensland's Resources Acts to promote the development of the new economy minerals' industry;
    • the GasFields Commission Queensland finding that there is no clear jurisdictional responsibility for regulating and managing the impacts of CSG-induced subsidence;
    • Government support for significant reform to the Regional Planning Interests Act 2014 (Qld); and
    • the Land Court releasing a new version of its Model Directions and the introduction of an updated set of Land Court Rules.

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

    The articles in this publication are current as at 1 December 2022.

    We encourage you to reach out to us if you would like to discuss any aspect of this publication.  We also recommend you read our Native title year in review 2021-2022 which can be accessed here.

    Fast Facts

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    Authors: Libby McKillop, Senior Associate, Tony Denholder, Partner and John Briggs, Consultant.