Agriculture in a Gas Era: A Comparative Analysis of Queensland and British Columbia's Agricultural Land Protection and Unconventional Gas Regimes

Australasian Journal of Regional Studies, Vol. 22, No. 3, pp. 459-480, 2016

Sydney Law School Research Paper No. 17/54

24 Pages Posted: 7 Jul 2017

See all articles by Madeline Taylor

Madeline Taylor

The University of Sydney Law School

Susanne Taylor

Bond University

Date Written: July 5, 2017

Abstract

The Australian Senate’s “Interim Report on Unconventional Gas Mining” was released in June 2016, following heightened political awareness of continuing public outcry relating to unconventional gas exploration. In Queensland, the state government has supported the gas industry’s headlong rush into this profitable resource sector, to the consternation of farmers who have few statutory rights to disallow access by resource companies to their agricultural land. In the early sections of this paper, we review current agricultural land protection legislation in Queensland and British Columbia; two Commonwealth states with similar socio-political and legal systems and growing unconventional gas industries. The review provides the basis of a critical analysis of ‘active’ adaptive management as a regulatory framework facilitating optimal coexistence between agriculture and unconventional natural gas. In the remaining section we apply the framework of ‘active’ adaptive management in a comparative legal analysis of the land protection and oil and gas agencies and agricultural land protection regulation in British Columbia and Queensland. In conclusion, we identify the Agricultural Land Commission system in British Columbia, Canada as exemplifying elements of ‘active’ adaptive management to assist in facilitating coexistence between arable land and unconventional gas operations.

Keywords: Land Use law, Agricultural land protection regulation, coexistence, unconventional gas regulation, comparative law, natural resource management, active adaptive management, Regional Planning Interests

JEL Classification: K10, K30, K32

Suggested Citation

Taylor, Madeline and Taylor, Susanne, Agriculture in a Gas Era: A Comparative Analysis of Queensland and British Columbia's Agricultural Land Protection and Unconventional Gas Regimes (July 5, 2017). Australasian Journal of Regional Studies, Vol. 22, No. 3, pp. 459-480, 2016, Sydney Law School Research Paper No. 17/54, Available at SSRN: https://ssrn.com/abstract=2997783

Madeline Taylor (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Susanne Taylor

Bond University ( email )

Gold Coast, QLD 4229
Australia

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