When a tenement holder seeks access to your property for mining or petroleum activities, the conduct and compensation agreement (CCA) becomes an important tool for protecting your agricultural operation. Below are some key considerations for landowners when negotiating these agreements.
Access Provisions: Control entry on your terms
Access arrangements form the foundation of your CCA.
Key considerations:
- Entry protocols – Require advance notice (typically 48–72 hours) for all non-emergency access, specifying approved entry points and routes across your property.
- Gates and fences – Ensure the tenement holder commits to leaving gates as found, maintaining existing fences (or installing new fencing to separate livestock after consulting the landowner), and repairing any damage promptly at their expense.
- Biosecurity compliance – Mandate vehicle and equipment wash-down procedures before entry. Include specific requirements aligned with your property’s biosecurity management plan.
Compensation: Ensure fair value and cost recovery
Remember: compensation isn’t limited to direct land disturbance. Consider lost productivity, increased operational costs, and impacts on future land use.
- If significant activities are proposed, obtain an independent valuation.
- Recover professional costs – Negotiate reimbursement of reasonable valuation, legal, and agronomic advisory fees. The tenement holder should bear the cost of ensuring fair compensation (as is the position under legislation, unless agreed otherwise between the parties).
Livestock protections: Safeguard your animals and accreditations
Mining activities introduce risks ranging from gate negligence to chemical contamination.
Consider:
- Market-value compensation for livestock injury or death caused by tenement holder activities.
- Accreditation safeguards – If you hold organic certification, quality assurance scheme membership, or livestock health declarations, require the tenement holder to comply with standards necessary to maintain these credentials.
Restricted Areas: Designate no-go zones
The legislation restricts tenement holders from entering restricted land unless the owner or occupier has given written consent otherwise. Some examples of restricted land for an exploration resource authority are land within 200m of a residence or land within 50m of a bore, dam, principal stockyard or burial place. Be careful that your agreement does not permit entry into these areas.
Additionally:
- Identify areas essential to your business: water infrastructure, breeding facilities, intensive production zones and contamination-sensitive areas.
- Clearly map and schedule restricted areas in your agreement, including seasonal variations (e.g., breeding paddocks, spray buffer zones).
Existing agreements
You may have existing agreements in place which affect your property – leases, renewable projects, agistment agreements. Failure to address overlaps can create legal complications and expose you to liability claims from third parties.
Coordination essentials:
- Review existing agreements for potential conflicts before finalising access terms.
- Ensure the tenement holder acknowledges and respects third-party rights on your land.
- Address liability clearly when multiple parties operate on the property simultaneously.
These agreements typically run for years, so investing time upfront to address these key issues will protect your business throughout the life of the CCA.
