A CASE that could set an important precedent for the amount of information resource companies should provide landholders is being considered before the Queensland Supreme Court.
Central Queensland grazier Michael Baker, Chess Park, Eidsvold, is challenging the processes used by former Queensland Mining Minister, Sterling Hinchliffe, to approve a Part 5 permission application under the Petroleum and Gas Act, lodged by coal seam gas miner QGC, which allows forced access to his property.
Mr Hinchliffe granted the permission on February 17, the last day before the Bligh Government entered its caretaker mode ahead of the March 26 election.
The court case, which was heard at the Supreme Court in Brisbane earlier this month, will decide whether the criteria Mr Hinchliffe used to grant the Part 5 permission was in accordance with the Petroleum and Gas Act.
A Part 5 permission order can be granted by the Minister to allow access to private land to enable a pipeline to be constructed after the impacted parties have been unable to reach a negotiated agreement.
Any Part 5 applicant must demonstrate the company has taken all reasonable steps to attempt a negotiated settlement with the landholder.
The Part 5 is valid for nine months and, once granted, the pipeline licence holder must still comply with its other legal obligations to the landholder, including compliance with its environmental authority and provision of notices of entry.
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