Supreme Court of Queensland Confirms Resource Company not Bound by BMP

3 October 2024

During Beef Week 2024, our firm participated in a panel discussion with AuctionsPlus about biosecurity risks and issues related to land access.

The message we aimed to convey during the panel discussion was that landholders must negotiate a contractual requirement with companies regarding adherence to Biosecurity Management Plans.

The law, as currently written, in regard to resource and renewable companies, does not assist a landholder in this regard. It must be included in the contract.

There is now a Supreme Court decision confirming our advice at Beef Week 2024. See HERE.

In that case, Mr and Mrs Lang were the owners of three rural properties in Kianga.

Their properties were located within Petroleum Lease PL94, which was held by Westside Corporation Pty Ltd (Westside).

Mr and Mrs Lang are a registered biosecurity entity under the Biosecurity Act 2014 (Qld). The Biosecurity Regulation 2016 (Qld) enables a registered biosecurity entity to make a Biosecurity Management Plan, which can state reasonable measures to prevent, control, or stop the spread of biosecurity matter. Mr and Mrs Lang had such a plan and had erected signs at the entrance to their land. The Supreme Court was asked to determine whether or not Westside was required to comply with the terms of Mr and Mrs Lang’s Biosecurity Management Plan.

Ultimately, the Supreme Court concluded that Westside was not required to comply with Mr and Mrs Lang’s Biosecurity Management Plan.

The Court did confirm that Westside has a “general biosecurity obligation” under the Biosecurity Act 2014 (Qld).

It is possible that this case may not be binding in every circumstance. Each case must be considered separately and determined on its own facts.

Rees R & Sydney Jones will be holding workshops shortly to assist landholders in drafting these plans. Please call us on 07 4927 6333 to register your interest in our workshops.

View the panel discussion HERE.