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ARTICLE · 05 MARCH 2013

Mining, Land Access And Compensation Pitfalls: Who Is An "Occupier"?

Corrs Chambers Westgarth
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In Queensland, miners are required to negotiate compensation and access with each "owner" and "occupier" of private land.

AustraliaEnergy and Natural Resources
Michael Kimmins
Michael Kimmins
Daniel Byrne
Daniel Byrne
Samuel Volling
Samuel Volling
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In Queensland, mining and petroleum companies are required to negotiate compensation and access with each "owner" and "occupier" of private land. Unfortunately, the ambiguous definition of "occupier" in the legislation has caused confusion and uncertainty for resources companies in complying with this requirement. Proposed amendments seek to improve the situation – but they don't go far enough.

The Mining and Other Legislation Amendment Bill 2012 was introduced into Queensland's Parliament last November. It proposes to amend the definition of "occupier" in various resources sector Acts, including the Petroleum and Gas (Production and Safety) Act 2004 (PGA) and the Mineral Resources Act 1989 (MRA). The Bill has been referred to a Parliamentary Committee, to be reported on by 12 March 2013.

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