Land Access in Western Australia: A Practical Guide

Securing land access is a critical part of mining and exploration projects in Western Australia. Delays in obtaining access can affect exploration programs, increase costs and create unnecessary tension with landowners and other stakeholders.

A well-planned land access strategy can help mining companies identify potential issues early and establish productive relationships with affected landholders.

Understand the land tenure

The first step is understanding the tenure over which access is required. Depending on the project, this may include private land, pastoral leases, Crown land, reserves and areas subject to native title.

The relevant tenure can determine what approvals, notices, agreements and compensation arrangements may be required before activities commence.

Identify landholders and stakeholders early

Mining companies should identify affected landholders and other relevant stakeholders as early as possible. This may include pastoralists, private landowners, native title parties, government agencies and other third parties with interests in the land.

Early engagement provides an opportunity to understand landholder concerns and identify practical issues before they become project delays.

Develop an appropriate access agreement

Where an agreement is required, it should clearly address matters such as:

• areas and routes of access;

• timing and duration of activities;

• environmental and rehabilitation obligations;

• damage and compensation arrangements;

• biosecurity requirements;

• communications and notice periods; and

• dispute resolution.

The agreement should reflect the nature and scale of the proposed activities rather than relying on a generic template.

Consider compensation and impacts

Compensation can be an important part of land access negotiations. The appropriate approach will depend on the relevant legislation, tenure, activities proposed and impacts on the landholder.

A good negotiation process should consider not only monetary compensation but also practical concerns such as access routes, livestock, farming operations, biosecurity, noise and timing of activities.

Manage the relationship

Land access is not simply a legal exercise. Successful projects often depend on maintaining constructive relationships with landholders throughout exploration and development.

Clear communication, reliable follow-up and early notice of activities can significantly reduce disputes and improve the efficiency of a project.

Get land access right from the beginning

For mining and exploration companies, land access should be considered during project planning rather than treated as an administrative task immediately before field activities commence.

Early identification of tenure, stakeholders and potential access issues allows companies to develop a realistic access strategy and reduce the risk of costly delays.

Land Access Partners provides specialist land access and stakeholder engagement services to mining and resource companies across Western Australia, assisting with landholder negotiations, access agreements and the practical management of land access issues.