AustraliaA mining company wants to explore on my pastoral lease. Do I have to allow access?
No, you do not automatically have to allow access — the mining company must negotiate with you and obtain your written consent or a statutory agreement approved by the relevant state authority.
What the Law Says
In Australia, pastoral leases are granted by state governments and typically confer rights to use land for grazing, but not exclusive possession. However, the right of a mining company to enter and explore on pastoral land is strictly regulated — it does not override the pastoralist’s rights without consent or statutory process.
Under the Mining Act 1978 (WA), a mining tenement holder does not have an automatic right to enter pastoral land. Section 64A(1) states that 'a person must not enter pastoral land for the purpose of prospecting or mining unless the person has obtained the written consent of the pastoral lessee or the approval of the Minister'.
The Pastoral Land Act 1992 (WA) reinforces this: section 43(1) provides that 'a pastoral lessee has the right to exclusive possession of the land for pastoral purposes', subject only to lawful exceptions — including statutory access under mining law, but only where consent or Ministerial approval is secured.
In Queensland, the Mineral Resources Act 1989 similarly requires negotiation: section 263(1) says 'a holder of a mineral development licence must not enter land that is subject to a pastoral lease except with the consent of the leaseholder or under an agreement approved by the Minister'.
Compensation is also mandated. Under the Mining Act 1978 (WA), section 64A(4) requires that 'if the Minister approves entry without consent, the applicant must pay fair and reasonable compensation to the pastoral lessee'.
Statutory Texta person must not enter pastoral land for the purpose of prospecting or mining unless the person has obtained the written consent of the pastoral lessee or the approval of the Minister
— Mining Act 1978 (WA), s. 64A(1) — Entry onto pastoral land
Statutory Texta pastoral lessee has the right to exclusive possession of the land for pastoral purposes
— Pastoral Land Act 1992 (WA), s. 43(1) — Rights of pastoral lessee
Statutory Texta holder of a mineral development licence must not enter land that is subject to a pastoral lease except with the consent of the leaseholder or under an agreement approved by the Minister
— Mineral Resources Act 1989 (Qld), s. 263(1) — Entry on pastoral lease
Statutory Textif the Minister approves entry without consent, the applicant must pay fair and reasonable compensation to the pastoral lessee
— Mining Act 1978 (WA), s. 64A(4) — Compensation
What to Do
Receive written notice from the mining company — they must give at least 30 days’ notice before seeking entry (Mining Act 1978 (WA), s. 64A(2)).
Review the proposed exploration activities and negotiate terms — including access routes, timing, environmental safeguards, and compensation.
Seek independent legal advice before signing any agreement or giving consent.
If no agreement is reached, the company may apply to the Minister for approval — you have the right to make submissions opposing entry.
If Ministerial approval is granted, ensure compensation is paid before exploration begins.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.