MINING ACT 1992 - SECT 158A
Court may determine access arrangement if already considering significant improvements etc
MINING ACT 1992 - SECT 158A
Court may determine access arrangement if already considering significant improvements etc
158A Court may determine access arrangement if already considering significant
improvements etc
(1) If--
(a) a party applied to the Land and Environment Court for a
determination of a matter under section 31 (5) or 49 (5), and
(b) no access
arrangement relates to the land concerned,
either party to those Court
proceedings may apply to the Court to have the Court determine an access
arrangement under this Division in relation to the land.
(2) An application
under this section must not be lodged within 28 days after the holder of the
prospecting title has served notice under section 142 of an intention to
obtain an access arrangement in respect of the land concerned.
(3) The Land
and Environment Court may accept or reject the application.
(4) Subject to
any order of the Land and Environment Court, an application under this section
operates to stay any other access arrangement mediation or arbitration in
relation to the land until the decision of the Land and Environment Court on
the application.
(5) If the Land and Environment Court decides to accept the
application--
(a) the Land and Environment Court is, subject to the
regulations, to determine an access arrangement under this Division in
relation to the land, and
(b) any other access arrangement mediation or
arbitration in relation to the land is terminated.