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.
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.
| Original language | English |
|---|---|
| Pages (from-to) | 43-74 |
| Number of pages | 32 |
| Journal | Australasian Journal of Natural Resources Law and Policy |
| Volume | 17 |
| Issue number | 1 |
| Publication status | Published - 2014 |