Taroom Trough coal seam gas exploration – how to put yourself in the best position as an affected landholder – Part 1

June 18, 2026

Access provisions and infrastructure considerations

The Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) (MERCP Act) is the legal framework that governs coal seam gas exploration in Queensland.

Landholder rights vs operator rights under the MERCP Act

In Queensland, landholders cannot absolutely refuse access to holders of petroleum exploration or mining permits, leases or licences (tenement holders) as these resources are owned by the Crown. Under the MERCP Act, tenement holders have a statutory right to access private land to undertake exploration and production of coal seam gas (CSG) and petroleum.

Given the statutory nature of access rights, it is important landholders start negotiations with tenement holders early to resolve the terms and conditions relating to access and conduct, usually by way of entering into a CCA.

Types of Activities

A CCA is generally only required where advanced activities are proposed. These are activities such as drilling well pads, constructing roads or access tracks which have a direct impact on a landholder’s business and use of the land.

For preliminary activities such as soil sampling and surveying that have minimal to no impact on the land, a tenement holder must issue landholders with a written notice of entry and there is generally no requirement for compensation.

This bulletin will focus on advanced activities.

Access Provisions

Access arrangements form the foundation of a CCA, and landholders should consider:

• Biosecurity compliance: require all vehicles, machinery and equipment accessing the land to complete a wash down prior to entry. If specific parts of the property pose individual weed concerns, ensure a new wash down is undertaken during inter-property access to mitigate the risk of weeds being spread across the property. If an existing weed or biosecurity management plan is in place, provide this to all representatives of the tenement holder accessing the land. Consider requiring a baseline assessment is undertaken of existing weeds on the property to refer to in the event of an outbreak or contamination of weeds.
• Entry notice requirements: require advance notice to be given prior to each access (e.g. written notice 72 hours prior and verbal notice 24-48 hours prior to access). Consider whether you want to receive additional advance notice during periods of routine mustering, harvesting or planting to limit disturbance to land use and operation.
• Gates and fences: ensure the tenement holder and their representatives commit to:
  • leaving all gates and entry points as they are found;
  • maintaining and upgrading any gates, grids or fences used as part of the activities as required; and
  • erecting livestock proof fencing around infrastructure and materials where necessary.
• Access register: consider requiring the tenement holder install an access register to document the details of all personnel accessing the land on their behalf. This is particularly useful if any disputes arise in relation to weeds, road damage or other contamination events.

Dust suppression & wet weather access: restrict or limit access to the property during periods of inclement weather to prevent any damage to roads. Include specific provisions that require the tenement holder to repair any damage or compensate you for having to repair any damage.

Infrastructure location

Ultimately, the tenement holder has the final say in the location of the infrastructure; however, best practice industry guidelines suggest tenement holders engage directly with landholders in good faith to discuss proposed infrastructure locations.

Given the long-term nature of CCAs (usually a term of 10 – 20 years), it is important to work with the tenement holder and discuss how proposed infrastructure such as access tracks, gates and entry points can be constructed to provide ‘in kind’ benefits whilst limiting disturbance and impact to land use and operation.

If your property is situated in an area of overlapping interest for CSG and renewable energy developments, it is important to consider how the location of CSG infrastructure may affect your future negotiations for any renewable energy development on the land and vice versa.

In the next bulletin forming part of this series, we will consider the statutory entitlement to compensation available to landholders under the MERCP Act and rehabilitation requirements for land that has been impacted by CSG activities.

If you have been approached by a tenement holder wanting to undertake preliminary or advanced activities on your property, or you have been issued with a draft CCA, Fox and Thomas can assist you in ensuring the terms of any agreement entered into protect your interests and address any property specific concerns.

Please contact us for further information.