Property rights and seam gas extraction

The modern property law conundrum.

Michael Weir, Tina Hunter

Research output: Contribution to journalArticle

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.
Original languageEnglish
Pages (from-to)71-83
Number of pages13
JournalProperty Law Review
Volume2
Issue number2
Publication statusPublished - Oct 2012

Fingerprint

right of ownership
Law
fee
assets
resources

Cite this

Property rights and seam gas extraction : The modern property law conundrum. / Weir, Michael; Hunter, Tina.

In: Property Law Review, Vol. 2, No. 2, 10.2012, p. 71-83.

Research output: Contribution to journalArticle

@article{df50d0781db3401a947934cb407eb267,
title = "Property rights and seam gas extraction: The modern property law conundrum.",
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.",
author = "Michael Weir and Tina Hunter",
year = "2012",
month = "10",
language = "English",
volume = "2",
pages = "71--83",
journal = "Property Law Review",
issn = "1838-3858",
number = "2",

}

TY - JOUR

T1 - Property rights and seam gas extraction

T2 - The modern property law conundrum.

AU - Weir, Michael

AU - Hunter, Tina

PY - 2012/10

Y1 - 2012/10

N2 - 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.

AB - 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.

M3 - Article

VL - 2

SP - 71

EP - 83

JO - Property Law Review

JF - Property Law Review

SN - 1838-3858

IS - 2

ER -