Key Points:
The Peabody case provides the first judicial guidance on
the land access regime, but doesn't resolve all of the
uncertainty.
The Land Court has recently handed down its first decision on
compensation under the new land access regime (Peabody West Burton
Pty Ltd v Mason [2012] QLC 0023). This case concerned the proposed
undertaking of advanced activities, being four drill pads, 3km of
main tracks and 3km of minor tracks, on an exploration permit for
coal under the Mineral Resources Act 1989 (Qld)
(MRA). The total drill program was expected to be
of 12 days duration.
This case provides the first judicial guidance on the land
access regime. However, the case does not resolve all of the
uncertainty in the way the legislation operates and will be
applied. This article will examine what the case means and, perhaps
more importantly, what the case does not mean for future land
access negotiations and agreements.
