Coal seam gas exploration and production in NSW: the new access argument*
J. Fulcher A and M. Klapper AHopgoodGanim Lawyers.
The APPEA Journal 51(2) 688-688 https://doi.org/10.1071/AJ10068
Published: 2011
Abstract
The legal frameworks around access to coal seam gas (CSG) resources in NSW are perhaps less developed than in Queensland. Coal appears to be favoured in terms of accessibility over CSG in the premier state. This paper will examine the rules relating to access to CSG resources in NSW; explain the long-standing policy favouring coalover CSG; and, will argue that the state may have to move to amend or overhaul its gas land access arrangements in the next few years. As CSG players look for further reserves in the largely untapped area of NSW coal provinces, the legal arguments about access to extant coal reserves are likely to heat up.
Dr Jonathan Fulcher is a partner in HopgoodGanim’s resources and energy practice. He is one of Australia’s leading native title lawyers for the past four consecutive years, as ranked by Chambers Global. Jonathan advises coal and oil and gas companies in relation to native title and cultural heritage, multiple petroleum lease applications, overlapping coal tenements, procurement and land access generally. Jonathan’s qualifications include: BA (Hons), PhD and Juris Doctor. |
Martin leads the resources and energy practice and also works very closely with the construction, infrastructure and major projects practice. He has advised on some of Queensland’s most significant mining and public infrastructure projects for both public and private sector organisations, and has actively represented landowners and occupiers in dealings with resources companies. With more than 20 years of experience, Martin has developed a reputation as one of the most effective and sought after energy and resources lawyers in Queensland. A founding member of the Australian Coal Seam Gas Council, Martin is an adviser to its participants. His role with the council saw him developing legislation, drafting submissions and negotiating with the Queensland Government, giving him the insight to approach legal matters with the bigger picture in mind. Martin is a former president of the Australian Mining and Petroleum Law Association (AMPLA), the Resources and Energy Law Association, and adjunct professor of law at Murdoch University in Western Australia. |
References
http://www.dpi.nsw.gov.au/minerals/resources/petroleum/activity-in-nsw, accessed 17 November 2010.Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at 384.
Wik v State of Queensland (1996) 141 ALR 129 at 220.
http://www.brisbanetimes.com.au/business/coal-seam-gas-stateoforigin-race-20100815, accessed 2 December 2010.
