There are different mandatory requirements for each type of agreement – these are described in A Guide to Land Access in Queensland (PDF, 1.8MB). Prior to the amendments, the “authorized activities” effects were likely to be offset when they related to the owner`s land, although it is probably not necessarily the land within the resource management authority`s authorized area or the specific land on which the activities are carried out. In other words, it would have been possible to claim compensation for the effects on land caused by the larger project of the raw materials company, such as activities on land adjacent to the same owner or other owner. Landowners do not receive notice of entry if they have entered into an opt-out agreement or have granted a written waiver to the raw materials company. The law has introduced new mechanisms to encourage resource companies and landowners to reach an agreement and will give landowners greater security about the circumstances under which their costs are paid by the resource company. Unfortunately, it also threatens the bargaining power of landowners in negotiations. There is also a new alternative to the regional court if no agreement has been reached at the end of the minimum negotiation period for an REL procedure. If one party proposes arbitration and accepts the other, an arbitrator is appointed to make a binding decision on the issues at issue, including the amount of compensation. The resource company must bear the costs of the arbitrator, unless the parties were primarily involved in an REL process, in which case the arbitrator`s costs are shared, unless the parties otherwise agree or the arbitrator decides otherwise.
In addition, subject to the arbitrator`s agreement or decision on the contract, each party must bear its own arbitration costs. The discretion issues contained in the agreement must be consistent with: 77Access, entry notifications and waiver declarations that are not affected by transactions b) If the activities of the resource company change significantly, you can check the compensation to which you are entitled; and a landowner owning or occupying land in the area of a resource management authority is entitled to compensation from the Resource Authority body for certain effects known as “compensatory effects.”