LAND ACCESS ON PRIVATE LAND FOR MINERAL AND PETROLEUM ACTIVITIES: A REVIEW OF EXISTING PROVISIONS IN AUSTRALIAN STATES/TERRITORIES AND SELECTED OVERSEAS JURISDICTIONS

Increased interest in the development of onshore petroleum resources in Western Australia has prompted a wave of community concern, particularly in relation to the development of unconventional petroleum resources (UPR).

In response to such community concerns the Western Australian Department of Mines and Petroleum (WADMP) commissioned the author of this report to undertake in 2011 a study of the legal framework regulating unconventional petroleum(the ‘Hunter Report). Acting upon recommendations made in the Hunter Report, legislative reform was undertaken, resulting in the enactment of the Petroleum and Geothermal Energy Resources (Environment) Regulations Western Australia (2012) (‘environment regulations’) and Petroleum and Geothermal Energy Resources (Resource Management and Administration) Regulations Western Australia (2015) (‘RMA regulations’). Together, these regulations established a much-strengthened legal framework for the exploration for and extraction of UPR.

However, continued opposition to the extraction of shale gas prompted the Western Australian parliament to consider the issue. On 7 August 2013, the Western Australian Parliament’s Standing Committee on Environment and Public Affairs resolved to inquire into and report on the Implications for Western Australia of Hydraulic Fracturing for Unconventional Gas. The resulting Report, handed down in November 2015, outlines the legal framework for Western Australia, and considered the use of land access and land use.

As a consequence of the Report, the Western Australian Department of Mines and Petroleum (WADMP) established the Western Australian Land Access Working Group(‘the Working Group’). The Working Group seeks to undertake a review of existing provisions in Western Australian mining and petroleum legislation in relation to land access arrangements for private land, and to compare these arrangements with other jurisdictions.

This report will provide such a review