Landowner Checklist

22 March 2023

Our Energy, Environment and Agriculture solicitors have developed a short checklist below to improve your position and better protect your interests when dealing with someone accessing or taking your land.

When someone wants to access your land:

• How much and what form of notice do you want them to provide?
• How long will they be on your land?
• Should they comply with your Biosecurity Management Plan?
• Do you have any farming certifications that could be impacted by their activities?
• What access tracks should they use, or where are you agreeable with new ones being made?
• Are there speed limits you want to impose?
• Do they need to use your infrastructure?
• Do they (and you) have adequate public liability, workers’ compensation, and other insurance policies in place?
• What rehabilitation do they need to carry out?

Have you thoughts about the following?

• What is the total size of your land, and how much is being discussed?
• What is the value of your land?
• What infrastructure do I have on the land being discussed?
• What infrastructure do I have close to the land being discussed?
• How may my enjoyment of my land be impacted?
• How may my business operations upon my land be impacted?
• Will they need access through the rest of your land?
• What plans did you have for your land in the future?

You may also be entitled to a range of compensation types depending on the purpose of your land being accessed/taken.

The above checklist is not intended to be a replacement for appropriate legal advice. How the checklist above is best carried out will depend on how your land is to be handled, such as an Exclusivity Agreement, a Lease, and Option, or an Easement.

If you’ve been approached by a government department or private company regarding access to your property, we are here to help you protect your interests. Contact our experienced solicitors in our Energy, Environment and Agriculture team today.