The State Government passed the State Development and Public Works Organisation (Critical Minerals) and Other Legislation Amendment Bill (2026) late on 26 August 2027 advocating that it will drive development and attract investment in development projects across the State but at what cost to Queensland’s primary producers?
Of significance to Queensland’s primary producers is the enhanced land access and acquisition powers. The new legislation allows the State to compulsorily acquire land for private projects that are deemed to be “state strategic” – that is, “critical or essential for economic, environmental or social reasons” or likely to significantly contribute to these objectives. Previously such compulsory acquisition was reserved for public purposes (roads, powerlines etc.).
While the State Government suggests that compulsory acquisition is to be a last resort, the concern is that project proponents may use the threat of compulsory acquisition as leverage to “fast-track” negotiations and encourage landholders to agree to a proposal that they might otherwise have walked away from in a traditional commercial negotiation.
The new legislation also provides a pathway for project proponents to gain access to private land to investigate its suitability for a strategic project without the landholder’s consent where reasonable efforts to negotiate access with the landholder have failed.
While the Minister has broad discretion over the types of projects that may be declared “state strategic”, landholders can take some comfort from the last-minute amendments to the Bill that exclude certain renewable energy projects and data centres from the definition. The safeguards currently provided to landholders of strategic cropping land and prime agricultural land under the Regional Planning Interests Act (2014) are also now to be protected.
Thynne + Macartney’s agriculture lawyers exclusively advise landowners in negotiations with mining companies.
This information is intended to provide a general summary only and should not be relied on as a substitute for legal advice.
About the Author
Bridie Shooter
Lawyer
Ph: +613231 8855
Email: bshooter@thymac.com.au
