Land Access Arrangements in NSW

Land access is a critical component of any exploration project and successfully navigating the regulatory framework in any jurisdiction can be a difficult task. Access arrangements or access agreements in NSW are mandatory before exercising any rights on Exploration Licences or Assessment Leases, meaning an explorer must have this step finalised before conducting any exploration in NSW.

Some key considerations when it comes to access arrangements in NSW include:

• The access arrangement must be in writing between the holder of the Exploration Licence or Assessment Lease and each landholder of the land in question.
• There can be multiple landholders for any given land parcel.
• An access arrangement may contain provisions relating to compensation.
• Notification of mortgagees may be necessary prior to an access arrangement coming into force.
• The current regulatory framework provides a pathway for mediation and arbitration.
• It is critical that any formal notices sent to landholders in relation to the negotiation of access arrangements comply with legislative requirements.

Although the current regulatory framework sets out general matters that may be covered under an access arrangement, the list is neither mandatory nor exhaustive. The NSW Department and other industry bodies have provided template access arrangements, however the final content of any access arrangement should be determined by the needs of the landholder and the explorer.

Hetherington’s experienced team can assist with the preparation and negotiation of access arrangements to ensure compliance at all times and our suite of templates provide an ideal starting point for a valid access arrangement that can be amended to suit the needs of both landholders and explorers.