New South Wales Consolidated Acts

MINING ACT 1992 - SECT 142

142 Holder of prospecting title to seek access arrangement

(1) The holder of a prospecting title may, by written notice served on each landholder of the land concerned, give notice of the holder’s intention to obtain an access arrangement in respect of the land.

(2) The notice of the holder’s intention to obtain an access arrangement must, in addition to stating the holder’s intention, contain:

(a) a plan and description of the area of land over which the access is sought sufficient to enable the ready identification of that area, and

(b) a description of the prospecting methods intended to be used in that area.

(3) The holder of a prospecting title and a landholder of the land concerned may agree in writing (either before or after the prospecting title is granted) on an access arrangement.

(4) If some but not all of the landholders of any particular land have agreed to an access arrangement, a reference in sections 143-156 to each landholder of the land or to a party to the hearing before an arbitrator does not include a reference to any of those landholders who has agreed to an access arrangement. However, the arbitrator may allow a landholder who has agreed to an access arrangement to become a party to the hearing of the matter in order to ensure consistency in the access arrangements over the same land, and may, for that purpose, replace the agreed access arrangement with the access arrangement determined by the arbitrator.

(5) In this section, a reference to the holder of a prospecting title includes a reference to the proposed holder of a prospecting title.