--- title: "Land access arrangement with landholder for exploration (NSW, with Queensland notes)" url: "https://ailawframework.com/precedents/energy-resources-and-mining/land-access-arrangement" type: "precedent" site: "AI Law Framework" id: "a13-land-access-arrangement" area_id: "A13" kind: "agreement" ai_level: "yellow" version: 1 law_stated_as_at: "2026-10-17" --- # Land access arrangement with landholder for exploration (NSW, with Queensland notes) > Agreed access arrangement under Part 8 Division 2 of the Mining Act 1992 (NSW) that sets where, when and how an explorer may prospect, the compensation payable, rehabilitation and dispute resolution. Canonical page: https://ailawframework.com/precedents/energy-resources-and-mining/land-access-arrangement Law stated as at: 2026-10-17 Site index for agents: https://ailawframework.com/llms.txt ## Key facts - Kind: Agreement. A contract between two or more parties. - Practice area: [Energy, Resources & Mining](https://ailawframework.com/precedents/energy-resources-and-mining.md) - Jurisdictions: New South Wales, Queensland - AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use. - Law stated as at: 2026-10-17 - Status: Maintained. Checked on 2026-10-17 against the 9 authorities it cites, for New South Wales and Queensland. ## When to use it Use when an exploration licence holder and a landholder have negotiated access in NSW. Do not use for mining leases, for petroleum titles without adapting to Part 4A of the Petroleum (Onshore) Act 1991 (NSW), or in Queensland without converting it to a conduct and compensation agreement. ## How AI may be used AI may assemble the schedules from title searches and the explorer's work programme, but the lawyer settles access conditions and compensation against the Act, the access code and the current costs order. **AI may:** - Extract lot and DP details, registered proprietors and mortgagees from current title searches into Schedule 1, citing each search. - Turn the explorer's work programme into the Schedule 2 activity description (methods, hole numbers, depths, equipment, crew). - Check a draft against a list the lawyer has prepared of the s 141(1) matters and the access code's mandatory provisions, and report gaps. - Prepare a plain-English summary of the arrangement for the landholder, marked as a draft for lawyer review. **AI must not:** - Must not propose, benchmark or change compensation amounts. - Must not decide whether s 31 consent is needed or treat AI-measured distances to houses or gardens as surveyed. - Must not receive the landholder's financial, family or personal information in a tool whose terms allow training on inputs. **The lawyer checks:** - The current access code and the current Ministerial costs order have been checked and applied. - A fresh title search identifies every landholder and registered mortgagee, and the s 142A notice timing is diarised. - Any s 31 consent is a separate written consent from the owner (and occupier, for a residence). - Compensation heads in Schedule 4 match the losses Part 13 recognises and what the parties agreed. ## Authorities - [Mining Act 1992 (NSW) s 31 (dwelling-houses, gardens and significant improvements)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1992-029#sec.31) - [Mining Act 1992 (NSW) ss 140, 141, 141A, 141B (access arrangements and access code)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1992-029#sec.140) - [Mining Act 1992 (NSW) s 142 (notice, good-faith negotiation, landholder's negotiation costs)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1992-029#sec.142) - [Mining Act 1992 (NSW) s 142A (notice to mortgagees)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1992-029#sec.142A) - [Mining Act 1992 (NSW) ss 143-158B (arbitration, variation and change in landholders)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1992-029#sec.143) - [Mining Act 1992 (NSW) Pt 13 (compensation)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1992-029#pt.13) - [Petroleum (Onshore) Act 1991 (NSW) Pt 4A (access arrangements for prospecting titles)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1991-084#pt.4A) - [Mineral and Energy Resources (Common Provisions) Act 2014 (Qld) ss 39, 43, 45, 83, 91 (entry notices, conduct and compensation agreements, opt-out, negotiation costs)](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2014-047#sec.39) - [Biosecurity Act 2015 (NSW) Pt 3 (general biosecurity duty)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2015-024#pt.3) ## Official form [Official form](https://www.resources.nsw.gov.au/mining-and-exploration/information-for-landholders/landholders-guide/land-access) ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/energy-resources-and-mining/land-access-arrangement and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*