Land Access OPPORTUNITIES FOR THE INDUSTRY TO IMPROVE THE WAY IT’S DONE. MARCH 2012

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Transcript Land Access OPPORTUNITIES FOR THE INDUSTRY TO IMPROVE THE WAY IT’S DONE. MARCH 2012

Slide 1

Land Access
OPPORTUNITIES FOR THE INDUSTRY TO IMPROVE
THE WAY IT’S DONE.
MARCH 2012


Slide 2

Overview


About Maloney Field Services



Importance of Land Access



Training and Competency



Compensation



General areas of improvement



Conclusion


Slide 3

About Maloney Field Services



National land access and valuation consultancy



Established 1970



Offices – Adelaide, Brisbane, Newcastle



Specialist services in land access and valuation


Slide 4

Specialist Services


Management of Land and Easement Acquisition Programs



Land Access Negotiations



Landholder Liaison & Consultation



Land Access Training



Easement & Site Purchase Negotiations



Preparation of Land Access/Acquisition Budgets



Land Access Strategy



Valuations & Assessments of Compensation


Slide 5

Clients


Slide 6

Why is Land Access so
Important NOW?


Energy exports - $24b (2004) - $69b



World’s largest coal exporter



World’s third largest uranium producer



Top five producer of aluminium, zinc, lead,
nickel, gold and silver



World’s biggest LNG exporter by 2020?


Slide 7

Why is Land Access so
Important Now contd…?


Demand never been greater



More exploration than ever before



More land affected



Closer to communities



More intensive land uses



Massive impact



Equals greater access to land


Slide 8

Why is Land Access so
Important Now contd…?



Landholders are well organised and well informed



Landholders are aware of rights and more legislatively aware



Stronger voice



Stronger landholder advocates


Slide 9

Land Access Consultants


The “face” of major resource projects



Link between landholders and resource companies



Responsible for delivery of information



Very important job


Slide 10

What Qualifications?



Driver’s licence, heartbeat and breathing



The “good bloke” syndrome



Codes – bare minimum requirement - not enough


Slide 11

American Association of
Professional Landmen?


Mission – AAPL’s mission is “to promote the highest standards of
performance for all land professionals to advance their stature and to

encourage sound stewardship of energy and mineral resources”


Professional Development



Code of Ethics and Standards of Practice


Slide 12

Training



More rigorous training



National accreditation?



Consolidate training programs


Slide 13

Compensation
So you want to buy my farm he said
You’d buy my farm said he
Well, how do you value the light and shade?
What is the price for the dream I have made?
And how would you buy on size or grade the children who shouts you
hear?
You haven’t the money to buy he said
This bit of farm said he
You haven’t the money to buy the worth of the joy and prayer of the death
and birth
The power that blesses the fruitful earth and the love that made it dear
1984; Squire L Speedy – NZ Institute of Valuers


Slide 14

Reinstatement Principle
“The outstanding principle of compensation for the taking of property is that the
dispossessed owner, as far as money can provide must be put in a position
equal to that which he would have held if the land had not been taken”

RO Rost and HG Collins – Land Valuation and Compensation Australia, Australian Institute of Valuer’s 1984


Slide 15

Issues



Valuation based approach



Standard formulae linked to number of wells – not suitable



Recognise that each property is different



Recognise that impact on each property is different


Slide 16

Definition of Compensation
Under the Petroleum and Gas (Production and Safety) Act 2004;


Deprivation of possession of surface of the land;



Diminution of land value;



Diminution of use of land and improvements;



Severance of any part of the land; and



Any cost or loss incurred from the conduct of the relevant activities.


Slide 17

Deprivation of Possession
of the Surface of the Land



Value of the actual portion of land taken up



Value adopted should reflect utility value of that specific parcel



Standard Valuation principles apply



Market comparison approach typically used


Slide 18

Diminution of Land Value


Reduction in value of property due to project existing



Could include effects of impact due to:





Noise or dust impact of project on dwelling



Long term changes to overland water flows, drainage



Ongoing increased risk to safety of landholder, employees, family members

Justifiable based on precedent, market evidence and expert assessment

“Would the property sell for less under normal market
conditions as a result of the project existing?”


Slide 19

Diminution of Use of Land
and Improvements
(Including reduced use that could be made through any improvements to it)


Long term/permanent in nature



Examples include (not severance, but reduced utility):


Inability to operate irrigation equipment/processes



Inability to utilise broad acre cropping machinery



Inability to blade plough or deep cultivate


Slide 20

Severance
“Loss in value of land owned by the landholder caused by it being severed from
other land owned by the landholder”


Relates to loss of access and ability to utilise as before due to
it being severed from other land



Road ways, tracks, rail corridors, above ground pipelines



Loss can be determined using:





“Before and After” method



“Piecemeal” method

Before and After Method requires relevant market evidence to
support “after value”


Slide 21

Costs
“Accounting, legal or valuation costs reasonably incurred by the landholder to
negotiate or prepare a Conduct and Compensation Agreement”



Excludes costs of Alternate Dispute Resolution (ADR)



Reasonably incurred



Level of costs should reasonable



Beware the unqualified advisor!!


Slide 22

Damages
“Damages incurred by the landholder as a consequence of matters mentioned
above”
For example:


Damage to tracks, fences, gates, stock grids



Interruption to water, power, utilities and associated losses



Injury to employees, family members



Loss of livestock through injury, escape (gates left open)



Production losses – Short Term


Cropped areas



Livestock carrying capacity/yields


Slide 23

Who Should Undertake
Compensation Assessments?


Land Access Code prescribes appropriate induction and training for

representatives


Qualifications for Assessing Compensation not defined



Registered Valuers recognised by Courts and Legislation as qualified

experts in assessing compensation


Compensatable effects relate to impact on Property Value

Registered Valuers with relevant experience


Slide 24

Property Specific
Assessment


Compensation to be assessed based on specific characteristics of individual

property and agricultural enterprise


No two properties are identical



No two agricultural enterprises are identical



No two impacts are identical



Generic assessment models or matrices problematic

Property Specific Assessment vs “One Size Fits All”


Slide 25

Assessment and
Engagement


Be prepared



Know the market and the locality



Provide detailed project information and plans



Take time to understand the enterprise



Discuss methodology



Consultation and engagement WORKS not models!
Determine Extent of Project Impact through Consultation


Slide 26

General Improvements
Early Involvement


Still an after thought



Consultation often too late



First impression



Planning and accurate budgeting


Slide 27

General Improvements contd….

Engagement


Genuine



Regular



Thorough



Effective



Transparency


Slide 28

General Improvements contd….



Deliver documents or letters



Notes and records



Better plans, maps, photo’s



Empower Land Access Consultants



Avoid overly “legalistic” documentation



One point of contact - consistency


Slide 29

Conclusion



Land Access is essential



Challenging role



Improving however more improvement needed


Slide 30

Jamahl Waddington
0402 148 160