TEMPLATE LAND ACCESS ARRANGEMENT for MINERAL EXPLORATION

 

A template land access arrangement for mineral exploration has been developed by the NSW Government. The template arrangement is designed as a starting point if you are considering negotiating a land access arrangement with a mineral explorer. However, an actual land access arrangement between you and an explorer may look quite different depending on your circumstances and the nature of the exploration activity, and you may wish to negotiate further protections for your property and environment.

 

What is the Template Land Access Agreement for Mineral Exploration?

 

The Template Access Arrangement, developed by the NSW Government, covers matters set out in legislation which must be included in an access arrangement and gives you an idea of what an access arrangement should look like.

 

Where will I find a copy of the Template Land Access Arrangement for Mineral Exploration?

 

To view or download a copy of the Template Land Access Arrangement for Mineral Exploration visit:

Template Land Access Arrangement for Mineral Exploration

 

The template is a guide only
 

You are not obligated to use this access arrangement.[1] The template is merely a guide which represents the minimum requirements detailed in the legislation and only baseline protections for your land and interests.You can negotiate for a higher level of protection than is provided for in the template.

 

You will also need to tailor many of the terms and conditions of your access arrangement to suit your particular circumstances and the nature of the proposed exploration activity.

 

Getting legal advice

 

It is strongly recommended that you get independent legal advice before you negotiate a land access arrangement with an explorer.

 

The explorer must pay any reasonable costs you incur getting that legal advice.

 

Clause 3.2 of the template agreement requires the explorer to reimburse you $1,100 for legal advice, however, this is a guide only. You should get a quote from your lawyer and see if the explorer is willing to pay that amount. 

 

For more information on negotiating a land access arrangement see the pages:

Land Access

and

Land Access Checklist

 

 

[1]    Mining Act 1992 (NSW) s 141(1A).

 

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