If you have been contacted by a Council or other constructing authority about temporary access to your property for works (such as sewer upgrades, road widening, or underground infrastructure), you may have been presented with a document called an “Access and Works Licence”.
The provision of an access and works licence is often accompanied by the suggestion by the constructing authority that signing the agreement is “voluntary” and offered as a “gesture of goodwill”. But behind this language sits a legal framework that landowners should understand before signing anything.
In Queensland, section 37 of the Acquisition of Land Act 1967 (Qld) gives constructing authorities the right to temporarily occupy land, without the landowner’s consent.
What is Section 37 of the Acquisition of Land Act?
Section 37 of the Acquisition of Land Act 1967 (Qld) allows a constructing authority (such as a local council or the state government) to lawfully enter and temporarily occupy land for the purpose of “constructing, maintaining or repairing any works”.
The constructing authority must provide written notice, but the constructing authority does not require the landowner’s agreement. Compensation is payable for any loss or damage caused by the occupation or associated works.
In practice, this power is often used where agreement cannot be reached with a landowner or where delays in negotiations would impact project delivery. However, most constructing authorities prefer to avoid using these powers and instead offer a voluntary Access and Works Licence.
What Is an Access and Works Licence?
An Access and Works Licence is a contractual agreement between the landowner and the constructing authority (such as a local council or the state government) that sets out terms for:
- Access to the land
- The nature and extent of the works
- Duration of occupation
- A monthly “rental” or licence fee
- Reinstatement obligations
- Indemnities, insurance, and risk allocation
The agreement may look benign and even generous, often including a nominal monthly payment in exchange for access. But these documents are heavily drafted in the constructing authority’s favour and may waive or limit your rights under the Acquisition of Land Act 1967 (Qld) if not carefully negotiated.
Why Legal Advice is Essential
While the agreement / Access and Works Licence may appear to be voluntary, it is often accompanied by an implicit (or explicit) warning: If you don’t sign, we’ll rely on our statutory powers anyway. This can put landowners in a difficult position, but signing the agreement / Access and Works Licence without proper legal advice can leave you significantly worse off.
Some key issues that legal review can uncover include:
- Licence vs Lease: These agreements are typically framed as “licences” to avoid conferring rights like exclusive possession, which would trigger tenancy protections.
- Scope of Works: Vague definitions can open the door to broader or more disruptive activities than originally intended in the Access and Works Licence.
- Duration creep: “Six months” can become much longer with extension clauses unless tightly drafted in the Access and Works Licence.
- Damage and Reinstatement: Who decides whether the land has been adequately reinstated after works finish? Many agreements give that power solely to the constructing authority (such as a local council or the state government).
- Compensation rights: signing the agreement may impact your ability to claim for disturbance or damage under the Acquisition of Land Act 1967 (Qld) unless expressly preserved and the monthly “rental” or licence fee should be carefully reviewed.
Our Role: Protecting Your Rights
At S Day Lawyers, we regularly assist landowners with the negotiation and review of Access and Works Licences and can help you:
- Understand the implications of section 37 of the Acquisition of Land Act 1967 (Qld) and your statutory rights.
- Ensure fair and clear terms for access, duration, and reinstatement.
- Maximise the rental/license fee payable.
- Preserve your ability to claim compensation under the Acquisition of Land Act 1967 (Qld).
- Push back on unreasonable or vague provisions.
Do not assume that these agreements are “standard” or “non-negotiable.” They are legal contracts and they should be treated as such
Talk to Us Before You Sign
If you’ve received a proposed Access and Works Licence from your local council or a government agency, get in touch with us before signing. A brief delay to obtain proper legal advice could save you from long-term disruption, under-compensation, or unintended consequences.
