|Articles via RSS|
Both the Mining Act 1992 NSW and the Petroleum (Onshore) Act 1991 NSW require these agreements to be put in place.
Commonly landholders are affected by requests from coal mining companies or coal seam gas companies. If no agreement is reached, the law requires the Land & Environment Court to determine the terms of the agreement. Currently (and controversially) refusing access to the land entirely is not supported by the law.
Each of these Acts allows for an Access Agreement to include the following:
Each Act specifies that the person or company applying for the Access Agreement with the landholder is required to pay the reasonable legal costs of the landholder in obtaining initial advice about the making of the arrangement.
This means you can claim the cost of getting professional legal advice on the Access Agreement as part of the compensation payment.
James Ryan should be contacted at the Macmillans Waller Fry - Solicitors office to provide advice regarding access agreements, planning or Environmental Law issues.