Negotiation and regulation of land access agreements: Lessons from Queensland

Journal article


Curnow, Katherine, Hunter, Tina, Weir, Michael and Boulle, Laurence Joseph. (2017). Negotiation and regulation of land access agreements: Lessons from Queensland. Journal of World Energy Law and Business. https://doi.org/10.1093/jwelb/jwx003
AuthorsCurnow, Katherine, Hunter, Tina, Weir, Michael and Boulle, Laurence Joseph
Abstract

Unconventional gas resources (UGR) development activities in Queensland frequently require co-existent use of private land by petroleum companies that have been granted a licence to undertake these activities. This necessitates transactional negotiations between private landholders and petroleum companies about access to landholders’ private land to undertake UGR development activities. Concerns about these negotiations have led to the Queensland Government attempting to regulate aspects of these processes. This article utilizes interview data from a pilot study conducted by the authors to examine private landholder perceptions of negotiations that have taken place over the last decade. In particular, it explores what the data reveal about a number of factors relevant to the justifiable regulatory objective of managing information asymmetry and unconstructive negotiation tactics and behaviours by and between the parties. The analysis in this article demonstrates the need to promote integrative dimensions of the negotiations and reasonable and good faith conduct in the negotiations by all parties, as well as the imperative of ensuring landholders receives sufficient information. The analysis and recommendations can inform the design of new regulatory regimes or the refinement of existing arrangements in Australian and international jurisdictions where there are co-existent UGR development activities and private land use, particularly in New South Wales and Western Australia which are yet to finalize their regulatory regimes.

Year2017
JournalJournal of World Energy Law and Business
Digital Object Identifier (DOI)https://doi.org/10.1093/jwelb/jwx003
Research GroupThomas More Law School
Publisher's version
File Access Level
Controlled
EditorsP. Roberts
Permalink -

https://acuresearchbank.acu.edu.au/item/8572y/negotiation-and-regulation-of-land-access-agreements-lessons-from-queensland

Restricted files

Publisher's version

  • 58
    total views
  • 0
    total downloads
  • 1
    views this month
  • 0
    downloads this month
These values are for the period from 19th October 2020, when this repository was created.

Export as

Related outputs

Australian dispute resolution: law and practice
Boulle, Laurence Joseph and Field, Rachael. (2017). Australian dispute resolution: law and practice LexisNexis.
Globalising mediated settlement agreements
Boulle, Laurence Joseph and Qin, Jay. (2016). Globalising mediated settlement agreements. Journal of International & Comparative Law.
Mediation: Skills and strategies
Boulle, Laurence, Goldblatt, Virginia and Green, Phillip. (2015). Mediation: Skills and strategies LexisNexis.
Negotiating conduct and compensation agreements for coal seam gas operations: Developing the Queensland Regulatory Framework
Boulle, Laurence, Hunter, Tina, Weir, Michael and Curnow, Katherine. (2014). Negotiating conduct and compensation agreements for coal seam gas operations: Developing the Queensland Regulatory Framework. The Australasian Journal of Natural Resources Law and Policy. 17(1), pp. 43 - 74.
Tobacco control regulation
Boulle, Laurence. (2014). Tobacco control regulation. In In L. Boulle, E. T. Laryea and F. Sucker (Ed.). International Economic Law and African Development pp. 61 - 80 Siber Ink.
Joining the BRICs: The case of South Africa
Boulle, Laurence and Chella, Jessie. (2014). Joining the BRICs: The case of South Africa. In In V. I. Lo and M. Hancock (Ed.). The rise of the BRICS in the global political economy: Changing paradigms? pp. 99 - 122 Edward Elgar.
Isolationism, democratisation and globalisation: Legal education in a developing country
Boulle, Laurence. (2014). Isolationism, democratisation and globalisation: Legal education in a developing country. In In W. van Caenegem and M. Hiscock (Ed.). The internationalisation of legal education pp. 48 - 69 Edward Elgar.
International enforceability of mediated settlement agreements
Boulle, Laurence Joseph. (2014). International enforceability of mediated settlement agreements. Contemporary Asia Arbitration Journal. 7(1), pp. 35 - 68.
Rebuilding state systems post-GFC: The South African case
Boulle, Laurence. (2013). Rebuilding state systems post-GFC: The South African case. In In J. H. Farrar and D. G. Mayes (Ed.). Globalisation, the global financial crisis and the State pp. 42 - 71 Edward Elgar.
Predictable irrationality in mediation: Insights from behavioural economics
Boulle, Laurence. (2013). Predictable irrationality in mediation: Insights from behavioural economics. Australasian Dispute Resolution Journal. 24(1), pp. 8 - 17.
Balancing competing interests in FDI policy: A developing country perspective
Boulle, Laurence. (2012). Balancing competing interests in FDI policy: A developing country perspective. Asian Journal of WTO and International Health Law and Policy. 7, pp. 315 - 346.
Promoting rights through court-based ADR?
Boulle, Laurence. (2012). Promoting rights through court-based ADR? South African Journal on Human Rights. 28(1), pp. 1 - 17.
The Republic of South Africa and the G20: Its political, national interests and priorities as member of the process
Boulle, Laurence. (2011). The Republic of South Africa and the G20: Its political, national interests and priorities as member of the process. In W. Hofmeister (Ed.). G20 Perceptions and perspectives for global governance. Singapore: Konrad-Adenauer-Stiftung (K-A-S). pp. 135 - 146
International abritration and competing dispute resolution options
Boulle, Laurence. (2010). International abritration and competing dispute resolution options. In In Mary Hiscock and William van Caenegem (Ed.). The Internationalisation of Law pp. 251 - 277 Edward Elgar Publishing Limited.
The law of globalization - an introduction
Boulle, Laurence. (2009). The law of globalization - an introduction Kluwer Law International.