Dwelling-houses, gardens and significant improvements
49 Dwelling-houses, gardens and significant improvements
(1) The holder of an assessment lease may not exercise any of the rights
conferred by the lease over the surface of land--
(a) on which, or within the
prescribed distance of which, is situated a dwelling-house that is the
principal place of residence of the person occupying it, or
(b) on which, or
within the prescribed distance of which, is situated any garden, or
(c) on
which is situated any significant improvement other than an improvement
constructed or used for ancillary mining activities only,
except with the
written consent of the owner of the dwelling-house, garden or improvement
(and, in the case of the dwelling-house, the written consent of its occupant).
(a) 200 metres (or, if a greater distance is
prescribed by the regulations, the greater distance) for the purposes of
subsection (1) (a), and
(b) 50 metres (or, if a greater distance is
prescribed by the regulations, the greater distance) for the purposes of
subsection (1) (b).
(3) A written consent given under this section is
irrevocable.
(4) This section does not apply with respect to a
dwelling-house, garden or significant improvement owned by the holder of the
assessment lease or, if the holder is a corporation, by a related corporation.
(5) If a dispute arises as to whether or not subsection (1) applies in a
particular case, any party to the dispute may apply to the Land and
Environment Court for a determination of the matter.
(6) The holder of the
assessment lease is to pay the costs of the owner of the dwelling-house,
garden or improvement (or occupant of the dwelling-house) in those proceedings
in the Land and Environment Court.
(7) This section does not apply to the
holder of an assessment lease who carries out a seismic survey on a road
within the meaning of the Road Transport Act 2013, but only if the holder has
given written notice of at least 21 days (or such other period as is
prescribed by the regulations) of the carrying out of the seismic survey to
the owner of the dwelling-house, garden or significant improvement concerned
(and, in the case of a dwelling-house, the occupant).