(1) An access arrangement with 2 or more landholders does not terminate
because one of those landholders ceases to be a landholder of the land
concerned.
(2) An access arrangement does not terminate because a person
becomes a landholder of all or any part of the land concerned after the
arrangement was agreed or determined.
(3) An access arrangement does not run
with the land, and accordingly a person does not (except as provided by this
section) become a party to the access arrangement merely because the person
becomes a landholder of any of the land after the access arrangement was
agreed or determined.
(4) If, after an access arrangement has been agreed or
determined, a person becomes a landholder of any of the land to which the
arrangement applies in addition to another landholder who continues to be a
party to the arrangement, the provisions of the arrangement (other than those
relating to the payment of compensation) apply to the new landholder as if the
new landholder were a party to the arrangement, but only if the holder of the
prospecting title concerned has given the new landholder a copy of the access
arrangement.
(5) If the new landholder objects to the access arrangement
within 28 days after being given a copy of the arrangement, the access
arrangement ceases to apply to the new landholder when whichever of the
following first happens--
(a) the new landholder agrees to an access
arrangement with the holder of the prospecting title concerned in accordance
with this Division,
(b) an arbitrator is appointed and determines an access
arrangement in relation to the new landholder in accordance with this
Division,
(c) at the end of the period of 60 days after the new landholder
objects, an access arrangement has not been so agreed or determined.
However,
if an arbitrator is appointed or an application for review of a determination
of the arbitrator is made, the arbitrator or the Land and Environment Court
(as the case requires) may continue the existing access arrangement (with or
without variation) until the determination of the arbitration or review.
(6)
Nothing in this section prevents an access arrangement being agreed or
determined in respect of a proposed new landholder.
