Negotiating Conduct and Compensation Agreements for Coal Seam Gas Operations: Developing the Queensland Regulatory Framework

(2014) 17 (1) Australasian Journal of Natural Resources Law and Policy 75-100

Posted: 12 Sep 2015

See all articles by Laurence Boulle

Laurence Boulle

Australian Catholic University (ACU)

Katherine Curnow

The University of Queensland - T.C. Beirne School of Law; Monash University - Faculty of Law

Date Written: 2014

Abstract

The development of unconventional gas resources in Australia promises to provide substantial economic benefits. The extraction of these public assets raises significant legal issues regarding access to landholders’ private property by petroleum titleholders. This article analyses the significant questions and issues that arise in the Queensland regulatory structure for the negotiation of conduct and compensation agreements for the extraction of coal seam gas resources. Drawing on principles of good faith negotiation in other contexts, this article will assist in deriving principles of fairness, efficiency and effectiveness that, if properly applied, allow an appropriate balancing of the interests of titleholders and landholders to improve the chance of positive outcomes for all parties.

Keywords: Land access, negotiation

Suggested Citation

Boulle, Laurence and Curnow, Katherine, Negotiating Conduct and Compensation Agreements for Coal Seam Gas Operations: Developing the Queensland Regulatory Framework (2014). (2014) 17 (1) Australasian Journal of Natural Resources Law and Policy 75-100, Available at SSRN: https://ssrn.com/abstract=2659355

Laurence Boulle (Contact Author)

Australian Catholic University (ACU) ( email )

Level 20, Tenison Woods House, 8-20 Napier St
North Sidney, NSW 2060
Australia

Katherine Curnow

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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