Accessing public land for resource activities

Public land is land other than freehold or leasehold land, such as a state forest, reserve, or unallocated state land.

Before accessing public land for resource activities, you must follow the procedures outlined below. This applies to the following resource authority holders:

  • Mineral and Coal Exploration Permits
  • Mineral Development Licences
  • Petroleum Resource Authorities
  • Geothermal Resource Authorities
  • Greenhouse Gas Storage Authorities.

Submit a periodic entry notice

The resource authority holder must send a periodic entry notice to the public land authority.

A public land authority is identified in the Mineral and Energy Resources (Common Provisions) Act 2014 (MERCP Act) as a local government or chief executive of the department administering the relevant legislation.

View a template for an entry notice for public land (PDF, 120KB).

The notice must be given a minimum of 30 days prior to entry and contain:

  • a description of the land to be entered (lot/plan)
  • the period during which the land is to be entered
  • when and where the proposed activities are to be carried out
  • the contact details for the resource authority holder or authorised holder representative.

If the notice is the first entry notice for the land, it must also include copies of:

  • the resource authority public report
  • the relevant environmental authority
  • the land access code
  • any code or code of practice made under a Resource Act applying to the proposed activities.

The public land authority may choose to waive the entry notice requirement.

The maximum period of entry is:

  • exploration resource authority—6 months
  • production-related resource authority—1 year.

You may enter for a longer period if the public land authority agrees in writing.

Follow conditions for entry

The public land authority may impose reasonable and relevant conditions on the resource authority holder about entry to the land. Conditions may include giving the public authority notices at stated periods about the activities, or conditions that affect the public land authority or any occupiers of the land.

Conditions cannot be imposed that are the same or inconsistent with the environmental authority. However, if the public authority is administering a land parcel under the Nature Conservation Act 1992, it may impose a condition that is more stringent than the environmental authority.

Consent for restricted land

Restricted land are features such as bores, artesian wells, dams, or other water storage structures connected to a water supply. Restricted land may also contain a permanent structure used as a dwelling, for primary industries, business, accommodation, community, sporting, or recreational purposes, or used as a place of worship or burial ground.

There are restrictions on entering areas of restricted land, and consent is required from each relevant owner or occupier to conduct activities under a resource authority.

For more information, refer section 68 of the MERCP Act.

Compensate owners and occupiers

Owners and occupiers of public land may be eligible for compensation for effects caused by authorised resource activities.

For more information refer to Part 7, Division 1 in the MERCP Act and the Mineral and Energy Resources (Common Provisions) Regulation 2016.

You should seek independent legal advice if you are unsure about your obligations and responsibilities.

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