THE CANADIAN EXPERIENCE WITH ACCESS TO LAND

Abstract

The Canadian Provinces, with emphasis on the Western Canada Basin, have established a well-regulated and certain statutory framework to govern access by explorers and producers to both Crown and private petroleum rights. Canada's legal framework has many similarities to that provided for onshore exploration in Australia, but the Province of Alberta provides for much shorter periods of exploration drilling activity before licences and leases revert to the Crown. Amendments in 1975 and 1976 spurred a significant increase in drilling within Alberta as operators were required to either test deeper pools or have them revert to the Crown. In addition, Alberta has a system of public tender for Crown petroleum lands which provides a very competitive environment for land access. The question is posed as to whether similar legislative changes should be imposed by the State and Territory governments in Australia in an effort to allow access by smaller and, perhaps, more aggressive players to large acreages still locked up in onshore Australia.