What we can and can't investigate

There are a number of ways an agreement can be breached, including:

• failure to perform within the timeframe specified in the agreement
• not performing in accordance with the terms of the agreement
• failure to perform whatsoever.

Matters we can investigate

For us to be able to investigate an alleged breach, you must:

• have an existing CCA or MGA (find out more about CCAs and MGAs)
• reasonably believe the other party is not complying with their obligations under the agreement.

If you have any questions, please contact us for assistance.

Matters we cannot investigate

We cannot help with the negotiation of CCAs or MGAs.

There are other dispute resolution processes available to you to assist with the negotiation process. For more 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 also cannot investigate:

• a CCA or MGA still 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.

We have to stop our investigation if, at any time, the matter comes under investigation by a government department or is the subject of a court proceeding or arbitration.

Who can help

If we cannot investigate your dispute, a government department or another agency may be able to 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 require assistance.