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Article
Property rights and seam gas extraction: The modern property law conundrum
Property Law Review
  • Michael Weir, Bond University
  • Tina Hunter, Bond University
Date of this Version
1-1-2012
Document Type
Journal Article
Publication Details

Interim status: Citation only

Weir, M., & Hunter, T. (2012). Property rights and seam gas extraction: The modern property law conundrum. Property Law Review, 2(2), 71-83. ISSN: 1838-3858

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2012 HERDC submission

© Copyright Thompson Reuters, 2012

Abstract

Recent years have seen a burgeoning in extraction of unconventional gas resources in parts of Australia. As this process requires access by petroleum titleholders to a publicly-owned asset (petroleum) found on privately-owned rural land, this has revealed a structural conflict between the interests of landholders and titleholders. This conflict may be based partly upon a misunderstanding of what is the nature of property rights granted to a fee simple owner or Crown leaseholder. This article discusses the legislative background to this conflict, the changes in perception which are needed for landholders and titleholders to deal with this inherent conflict and the adjustment required to the statutory regulatory system to maintain an equilibrium between private and public property rights and the protection of productive rural land.

Citation Information
Michael Weir and Tina Hunter. "Property rights and seam gas extraction: The modern property law conundrum" Property Law Review Vol. 2 Iss. 2 (2012) p. 71 - 83 ISSN: 1838-3858
Available at: http://works.bepress.com/tina_hunter1/5/