NSW Reporting Obligations and Arbitration Powers for Mining and Petroleum Access Arrangements

Mining and Petroleum Legislation Amendment (Land Access) Bill 2026

24 Jun 2026: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Assembly

Legislative Council

Assent

Introduced by: Michael Daley (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Prospecting title holders must lodge reports on their negotiations, mediations, and land access.
The notice period for access arrangements changes from 48 hours to 2 business days.
Arbitrators can end mediation if a party fails to attend; they can also end it if a party acts in bad faith.
Arbitrators can make final decisions even if one or more parties miss a hearing.
Landholders are considered to have acted unreasonably if they cause delays or ignore arbitrator directions.
The Resources Secretary can remove an arbitrator due to incapacity or at the arbitrator's request.
Arbitrators can let prospecting title holders or their agents accompany them during inspections.
Prospecting title holders pay mediation and arbitration costs for variations they request; otherwise, each party pays their own.

Topics

dispute resolution land access landowner rights mining natural resources petroleum

News articles and press releases

Mining and Petroleum Legislation Amendment (Land Access) Bill 2026

Mr DAVID MEHAN, Member for The Entrance — 2026-06-24

While landholders in New South Wales own the surface land of their properties, most sub-surface minerals belong to the State of New South Wales, and the State grants the rights to explore for minerals. Before exploration can commence, a written land access arrangement must be in place between an explorer and each relevant landholder. This ensures that exploration occurs on terms acceptable to both parties, reflecting the fact that landholders have a right to conduct their activities free from unreasonable disturbance. The land access framework applies to mineral and petroleum resources. It is built on good faith negotiations and access to dispute resolution where agreement cannot be reached. The changes in the bill are mirrored across both Acts to ensure consistency wherever possible.