The law surrounding exploring and mining and access to private and other land can be extremely complex.
Your land is likely to be one of, if not, the most important assets you own. The effects of exploring and mining can be long lasting and devastating to a landholder and having someone who knows your rights and those rights and obligations of companies can be critical to preserving and possibly even enhancing the value of your asset and rights.
For example, do you know which parts of your land you can say no to an explorer entering to look for coal or a miner getting a mining lease over?
Shine’s Energy and Resources Team are able to advise you in this regard and such advice might change the whole flavor of your negotiations.
As further example, if a mining company proposes to actually undertake mining, you as a concerned citizen generally or as a concerned landholder, have certain rights including rights to make submissions relating to Environmental Impact Statements, object to an application for a mining lease and environmental authority and in the case of a landowner to compensation but timing can be critical in some instances.
Shine’s Energy and Resources Team have represented and advised many landholders and others on these issues.
Also if an exploration company has been granted a tenement that authorizes it to carry out exploration activities on your land, you may sooner or later need to enter into a conduct and compensation agreement (CCA) with the company.
You have a statutory right to know what activities the company plans to undertake on your land and when and where they will be carried out and to be compensated for those activities. In some cases you may even have a statutory right to prevent or reduce the activities on your property.
When a company is proposing to explore on your land it will likely state it has a “standard” CCA for you to sign. There is no “standard” CCA.
Even the Government “standard” CCA is only a template that the government expects will be adapted to each Landholder’s situation. It goes without saying that no two properties are the same and no two CCAs will therefore be the same.
You need to know what should be included in your agreement to ensure the unique features of your land are addressed and you are compensated appropriately.
Shine’s Energy and Resources Team will help you understand the law, what are your rights and the company’s rights and obligations and what should be included in any agreement you might have with the company. We have the experience that will help us understand you and your land and in turn our knowledge will empower you.
It will help you to deal with the companies on a better footing and to negotiate a better outcome whether that is in terms of the company’s conduct when accessing your land, the amount of compensation you receive or otherwise.
