As the year draws to a close, lets take a look at the latest developments in Queensland’s energy and resource industry and how you can ensure your rights and property are protected.
In this edition of Energy Insights, we pass on tips for Make Good Agreement negotiations, we look at Santos’ latest project and it’s potential impacts, we explore changes to levee bank regulations and we look at our recent CSG information meeting with Surat Basin landholders.
To find out how our Landholder Law team can help you, contact us.
5 tips for negotiating a Make Good Agreement
Investigate the status of your bore because many are slipping through the cracks i.e. bores said to be affected long into the future are being affected now. There are many unregistered bores but these could still be entitled to a Make Good Agreement (MGA).
- Devise a strategy early
Bore owners are entitled to reasonable legal, accounting and valuation fees to negotiate and prepare a MGA. Contact these professionals early so that the best strategy can be devised.
- Do your homework
Bore owners should undertake a comprehensive Bore Assessment – obtain the drill records, understand what aquifer/s it’s drawing from and what alternatives lie beneath. Assess your entitlements and what your property’s water needs are.
- Decide your preference
A Make Good Measure could be anything from compensation to a new bore or alternate water source. Know what you want.
- Don’t underestimate the complexity
The Make Good regime is a complex legal and taxation web. MGA’s have implications for your property that carry through the generations so bore owners should clearly know their rights.
Santos Gas Field Development Project
The Santos GLNG project was approved in 2010 and allowed for the development of 2,650 wells and associated infrastructure, mostly in the Arcadia Valley, Injune and Roma areas. Santos is now seeking approval for its Gas Field Development Project (GFD Project) which will expand the GLNG project by allowing for an additional 6,100 production wells and other associated infrastructure.
The GFD Project represents a large expansion for the Santos GLNG project, and aims to meet Santos’ production goals for the next 30 years. Before commencing work, Santos must complete the Environmental Impact Statement process, which assesses the potential environmental, economic and social impacts of the project. This process is expected to conclude in 2015.
If approved, the project’s impact will be significant. It will expand development substantially, in both existing and new areas, particularly near Wandoan and Taroom. Santos anticipates that it will commence development of the GFD Project in 2016.
Click to view the GFD Project’s Environmental Impact Statement
Levee regulations: What you need to know
Following recent regulation changes, it is now more important than ever for landholders to seek advice before constructing or modifying a levee bank.
Levee bank construction or modification is now considered to be ‘assessable development‘ under the Sustainable Planning Act 2009 (Qld). The level of assessment will now depend on which category the development falls under. These categories include:
- Category 1 – levees which do not have any off-property impacts and are now subject to self-assessment
- Category 2 – levees which have off-property impacts, have an affected population of less than three people and are now subject to code assessment
- Category 3 – levees which have off-property impacts, have an affected population of at least three people and are now subject to impact assessment.
Any landholder who plans to construct or modify a levee must consider the potential effects on floodwater movement, and how this could affect other people and properties. The penalties for non-compliance include fines of up to $190,000.
We encourage landholders to seek appropriate advice before constructing or modifying a levee bank under this new regime.
Shine hosts CSG information session for Surat Basin landholders
Shine Lawyers Landholder Law team travelled to Wandoan on the 3rd of December to update local property owners on QGC’s latest CSG development – a production field of 532 gas wells.
The team provided 35 guests with important information on the scale, scope and character of QGC’s proposed new Wandoan project, the significant impacts the project might have on landholders and business owners, QGC’s latest CCA, Make Good negotiation strategies and vital tips and tactics.
Attendees said they’d found the content extremely useful, particularly the tips and tricks used by CSG companies to look out for in CCAs.
Shine’s Landholder Law Team host regular information seminars that aim to update property owners, business owners and community groups of key developments and safeguard their rights as landholders.
If you would like to register your interest in attending one of our future information sessions, get in touch by contacting us today.
Written by Peter Shannon
Written by Shine Lawyers on . Last modified: July 20, 2017.