What we can and can't investigate

An agreement can be breached by:

• failing to operate within the timeframe set out in the agreement
• failing to operate as per the terms of the agreement
• failing to operate whatsoever.

Matters we can investigate

For us to investigate an alleged breach:

• An ACCA or MGA must exist (find out more about CCAs and MGAs)
• You must reasonably believe the other party is not complying with their obligations under the agreement.

Matters we cannot investigate

We can’t help you if your dispute is being investigated by a government department of is the subject of a court proceeding or arbitration.

We can’t help with the negotiation of CCAs or MGAs. There are other dispute resolution processes available to assist with the negotiation process. For information on these, refer to:

• Guide to land access in Queensland (PDF, 1.5MB) for CCAs
• Quick guide - make good obligations (PDF, 490KB) for MGAs

We cannot investigate:

• a CCA or MGA subject to a minimum negotiation period or cooling off period
• the content of legislation or government policies
• a decision made by Cabinet, a Minister, or a chief executive of a government department
• a matter that is, or has been, the subject of a court proceeding or an arbitration
• a matter that is, or has been, the subject of an investigation by a department
• compensation agreements for mining leases and mining claims under the Mineral Resources Act 1989
• access agreements
• matters outside Queensland.

Who can help

If we cannot investigate your dispute, a government department or another agency can help:

• the Department of Resources can negotiate CCAs and MGAs and investigate compliance and breaches of resources legislation and resource authority conditions
• the Department of Environment and Science can investigate pollution incidents, compliance, and breaches of environmental laws
• the Land Court of Queensland can carry out a formal legal process with binding decisions
• the GasFields Commission Queensland can help you understand your rights and obligations in this area.

Please contact us if you have questions.

You can find more information in our Fact Sheet (PDF, 266.6KB). Additional resources are available on our news and resources page.