Conduct And Compensation Agreement Mineral Resources Act
Landowners may agree to delay the conclusion of a behaviour and compensation agreement until after access to the country (deferral agreement) or to refuse to negotiate a behaviour and compensation agreement (opt-out agreement). Driving conditions may include entry times, speed limits, and activities that are not permitted without notice. The Landgericht cannot require conduct conditions when determining compensation at trial. The general obligation for resource control authority holders is to enter into a Conduct and Compensation Agreement (CSA) with private landowners and users before carrying out advanced activities on their land. Mercpa does, however, introduce an option for landowners to unsubscribe from the CCA`s negotiating framework.1 A binding opt-out agreement (AOA) must be available in the approved form published on the ministry`s website.2 Our community resource infoline can help you if you have doubts about how negotiations are conducted or in the event of an emerging dispute. Note that the terms of conduct contained in a compensation agreement are not part of the mining right or mining lease, so they cannot be enforced by the Department of Resources. To enforce these conditions, you must apply to the Regional Court. Negotiating compensation directly with the miner is the best approach if you want an agreement that includes that any entry under an exploration permit or mineral license does not allow the miner to carry out mining activities. Under the Mineral and Energy Resources Act 2014 (Common Commissions), landowners were only compensated if a Management and Compensation Agreement (CCA) was entered into with the owner of the resource authority. As a result of the legislative changes that came into effect on April 19, 2019, landowners can now demand reimbursement of their reasonable and necessary expenses when negotiating and preparing conduct and compensation agreements with a resource holder, whether or not a CSF is finally reached. This guide outlines the requirements for indemnification agreements and suggests ways to negotiate a satisfactory agreement. For more details, see a guide on compensating landowners for mining rights and leases (PDF, 780KB). The Common Commissions Act maintained the broad structure of queensland`s existing land access framework, which is based on a general requirement for resource controller owners to enter into conduct and compensation agreements (CSAs) with private landowners and land users before advanced activities can be carried out on their land.
This guide does not provide legal advice. You should seek independent advice from a lawyer before signing an agreement. We also advise you to get advice from your accountant on tax and GST issues related to any compensation you receive. The miner may continue to access his mining right or mining lease to carry out authorized activities, unless his application for renewal is rejected. 1 Mineral and Energy Resources (Common Commissions) Act 2014 (Qld) s 45. 2 Mineral and Energy Resources (Common Provisions) Regulation 2016 s 22. The form is available at www.dnrm.qld.gov.au/__data/assets/word_doc/0010/480709/opt-out-agreement.docx 3 to www.dnrm.qld.gov.au/__data/assets/pdf_file/0019/442621/opt-out-agreements-landholder-information.pdf. . .