Resolving a Dispute
QLD Land Access 2016
Resolution Institute is able to assist with dispute resolution arising under the Queensland Land Access Code 2016 by nominating suitable dispute resolvers. The Code provides a single code of conduct for permits to enter private land under the following laws:
- Petroleum and Gas (Production and Safety) Act 2004
- Geothermal Energy Act 2010
- Geothermal Exploration Act 2009
- Greenhouse Gas Storage Act 2009
- Mineral Resources Act 1989
- Petroleum Act 1923 (PA1923)
"Queensland’s land access laws provide a statutory negotiation process for the negotiation of a Conduct and Compensation Agreement. Parts of the process are also applicable to Deferral Agreements.
The negotiation stages are:
- Notice of intent to negotiate
- Negotiations begin
- Conference or alternative dispute resolution (ADR)
- Land Court determination.
If an agreement (being a Conduct and Compensation Agreement or Deferral Agreement or the landholder agrees to enter into an Opt-Out Agreement) is reached at any stage, the subsequent stages will not apply.
Stage 3: Conference and alternative dispute resolution
If no agreement has been reached by the end of the minimum negotiation period, any party (the landholder or the resource company) may provide the other side a written notice seeking either a conference run by the Department of Natural Resources and Mines or Alternative Dispute Resolution (ADR) to negotiate a Conduct and Compensation Agreement. This written notice is called an ‘election notice’.
Either party can submit an election notice to the other party and the Department of Natural Resources and Mines.
The conference or ADR must be finished within 20 business days of the election notice being given.
Department of Natural Resources and Mines officers are available to either party to request a conference. Discussions between the parties have the aim of reaching a Conduct and Compensation Agreement. This is a low-cost option that gives each party an opportunity to discuss matters together in a facilitated setting.
Alternative Dispute Resolution
ADR offers strategies for resolving conflicts, avoiding potentially costly and time-consuming litigation. This can involve any type of dispute resolution elected by a party such as arbitration, conciliation, mediation or negotiation.
If the election notice requests ADR, the notice must say what form it will take. The party asking for ADR must bear the costs of engaging the facilitator. The facilitator must be independent to either party.”