The Commissioner has the role of determining applications for grants of access rights. There are two types of access rights: permits to pass and easements.

Easements

An easement can be granted on application (either by a landholder or by the Commissioner) to a mill owner to facilitate the harvest of cane and supply of cane to any mill or between any mills or to service a cane railway easement.

Permits to Pass

A permit to pass authorises someone to use another person's land for the purpose of facilitating the harvesting of cane and supply of cane to a mill. A permit to pass can be granted by the landholder and registered with the Commissioner. Alternatively, a person can apply to the Commissioner for a permit to pass over another person's land.

Before an access right can be granted the Commissioner must be satisfied of a number of things, for example, that there have been reasonable attempts to negotiate; that the grant is necessary; and that the grant will not affect native title (or if it would, there is an indigenous land use agreement consenting to the grant).

Once an application for an access right has been received by the Commissioner, a hearing will generally be held to allow the Commissioner to determine whether or not the application should be granted. Where the Commissioner grants a person a permit to pass, an order can now also be made that the person contribute to the ongoing cost of the permit, or pay compensation to the landowner for the use of their land. All grants of access rights must now also be noted on the Titles Office register.

Where an access right has been granted by the Commissioner, or where a landholder may be willing to give an access right but the amount of compensation is in dispute the outstanding issue will often relate to compensation. In both cases, the parties can either apply to the Land Court to decide the amount of compensation or they can ask the Commissioner to appoint a valuer to decide the amount. Both those determinations are final and binding on the parties.

The Commissioner can also vary or cancel access rights. Persons aggrieved by a decision of the Commissioner in relation to access rights (whether in relation to grant, variation or cancellation) can appeal to the Land Court within 28 days.

Although many aspects of this role are similar to the role previously undertaken by the Queensland Sugar Corporation, the Sugar Industry Act 1999 introduced a number of significant changes. These included specific recognition of native title and the introduction of new powers such as the appointment of a valuer to determine the value of land and the ability of the Commissioner to require landholders to be compensated in certain circumstances.

Application forms, Procedures and general information relating to applications for the granting, variation or removal of an access right can be obtained by telephoning 07 3211 7010.