Contact: James Plumb and Duncan Lomas; Carter Newell (Queensland, Australia)
The recent Land Court decision of Henry v ERO Georgetown Gold Operations Pty Ltd [2015] QLC 13 provides useful guidance as to the meaning of ‘material change in circumstances’ under the land access provisions of the Mineral Resources Act 1989 (Qld) (MRA).
Under the MRA, either party to a Conduct and Compensation Agreement (CCA) may apply to the Land Court for a review of the compensation under the agreement. In order to make an application, there must have been a ‘material change in circumstances’ since the agreement was entered into.
An analogous review right exists in respect of petroleum and gas operations under the Petroleum and Gas (Production and Safety) Act 2004 (Qld) (P&G Act). Whilst there has been no real judicial consideration of these provisions in the P&G Act, the Land Court and its predecessors have considered the comparable provisions under the MRA, most recently in Henry v ERO.
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