Access to private land outside the resource authority area

Resource companies may need to cross private land or conduct certain limited activities on private land that is outside the area of their resource authority. Before they do this, they must negotiate an access agreement either orally or in writing with either the owner or occupier of the property, and in some cases both.

Who this applies to

The following requirements apply to resource authority holders seeking to use a landholder's private land outside the area of the resource authority to access the area of the resource authority.

They do not apply in relation to prospecting permits, mineral development licences, mining claims and mining leases. This is because alternative requirements apply to these resource authority types.

Landholder agreements

Landholder agreement is required before a resource authority holder can access private land outside of their resource authority. The level of impact determines whether an agreement is needed with the land owner and occupier or just the occupier.

If access activities are not likely to have a permanent impact on the land (e.g. opening and closing a gate), resource companies are only required to make an access agreement with each occupier of the land.

However, if access activities are likely to have a permanent impact on the land (e.g. building of a road), they must make an access agreement with each owner and occupier.

Landholders and resource companies should negotiate conditions for access that are reasonable and relevant to the situation. Note that under the land access laws, landholders cannot 'unreasonably' refuse to make an access agreement.

If agreement cannot be reached within 20 business days of the request for access, then either the landholder or the resource company can refer the matter to the Land Court for resolution.

Entry notice requirements

Notices of entry need to be provided to the relevant landholders unless the access agreement includes alternative arrangements.

Entry notices are not required if the landholder has provided a written waiver. Read about entry notice requirements.

Other land access requirements

Resource companies must comply with the mandatory provisions of the Land Access Code when carrying out authorised activities on a landholder's private land.