Picture this: barking dogs greeting you at the farm gate, with a hostile landholder not far behind. It’s every land access consultant’s worst nightmare.

The above situation is becoming more and more prevalent due to an increase in exploration, particularly in the Darling Downs region of Queensland, an increased focus on land access, and the increased speed of information transfer amongst communities.

Land access negotiations have become a critical factor in major infrastructure projects, and while the natural instinct of many project developers is to back up the truck and go and do something easier once negotiations stall, it is Maloney Field Services’ experience that an initially negative scenario doesn’t always represent a lost cause.

Relationship first, agreement later

A good situation is one where a relationship has been established, and regular two-way communication is taking place. Such communication is often missing in a ‘bad’ situation. The initial contact between two parties is a pivotal time and depending how it is handled, a situation can either improve, or – if the relationship sours – can become ugly with hostility and court action. This type of outcome is in no-one’s interest.

Professional, open and respectful communication can turn a potentially ugly situation into one where dialogue can at least begin. First impressions count in this industry, and a lot of damage can be done at a first meeting.

The ultimate aim is to establish the relationship first, before worrying about establishing an agreement. There are many cases of bad and ugly dealings with landholders, and many of these have been highlighted in the press in recent times. When the right approach is applied, the positive outcomes far outweigh the negative ones.

Seen it all

With so much at stake in today’s competitive environment, the growing focus on reputation and public perception, as well as the growing reluctance to exercise the statutory rights of access and tenure, are prompting companies to increasingly look to improve their relations with landholders.

In the time that Maloney Field Services has been procuring land and easements for major infrastructure projects, the changes in this process over the past five years have been the most pronounced of any time throughout the company’s history.

Over the past five years, Maloney has procured in excess of 5,000 km of land corridors and rights-of-way, representing an equivalent distance from Adelaide to Perth and back again. With this type of experience, the land access team at Maloney have seen it all. Whether it be run-ins with dogs while negotiating an agreement or confronting an aggressive and hostile landowner, generally a win-win outcome can be achieved.

Being transparent

It is critical to build a relationship with a landholder before trying to negotiate access agreements. Each landholder is different, and prior to any initial contact or meeting, project operators and managers must be prepared to answer the following questions:

• What is going to be built on my land now and potentially into the future?
• When is it going to be built?
• How long will it take to build, and how often will access be required after construction?
• What is the legal position?
• What will be my compensation?

It’s not always possible to have this information upfront, but it’s important to be open and transparent with plans. Inevitably, plans change or alignments are altered, but a process or mechanism must be in place to ensure landholders are advised of changes as and when they occur.

Often, changes will occur as a result of input from landholders; where it is not as a result of landholder input, the changes must be clearly outlined and justified.

Choosing your representative

What should a company look for when engaging a land access consultant or consultancy to act on its behalf? These people or companies are the face of a project, so it is important to be particular and not just settle for anyone who is available.

It comes down to the three ‘P’s when negotiating access to land – being patient, polite and persistent. A good land access consultant should be:

• An excellent listener;
• An effective communicator;
• Focussed on documentation;
• Able to empathise with the owners’ situation while at all times acting in the best interests of the company;
• Able to understand the requirements of working remotely;
• Able to detect potentially difficult situations and diffuse such situations; and,
• Have appropriate training.

Similarly, when looking to engage a land access consultancy, look for the following:

• Is land access their core business, or just an ‘add on’?
• Are they members of the appropriate industries?
• Are they committed to ongoing training for their staff?
• Have they invested in systems and procedures?
• What is their client base?
• How long have they been operating in the industry?
• What are the qualifications and experience of their management?