PETROLEUM (ONSHORE) ACT 1991 - SECT 71
Restrictions on rights of holders of leases over cultivated land
PETROLEUM (ONSHORE) ACT 1991 - SECT 71
Restrictions on rights of holders of leases over cultivated land
71 Restrictions on rights of holders of leases over cultivated land
(1) The
holder of a production lease must not carry out any mining operations or erect
any works on the surface of any land which is under cultivation except with
the consent of the landholder.
(2) The Minister may, however, if the Minister
considers that the circumstances warrant it, define an area of the surface of
any parcel of cultivated land on which mining operations may be carried out or
works may be erected, and may specify the nature of the operations to be
carried out or the works to be erected.
(2A) Before any such operations are
commenced or works are erected, an assessment is to be made as to the amount
to be paid as compensation for any loss of or damage to any crop on the land
concerned.
(2B) The assessment is to be made as agreed between the landholder
and the holder of the production lease or, failing agreement, by the Land and
Environment Court on the application of either or both of them.
(3)
Cultivation for the growth and spread of pasture grasses is not to be taken to
be cultivation within the meaning of this section unless, in the opinion of
the Minister, the circumstances so warrant.
(4) In the case of dispute as to
whether land is or is not under cultivation within the meaning of this
section, the Minister's decision on the matter is final.
