MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 47 47 Limited access to private land outside authorised area
MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 47
47 Limited access to private land outside authorised area(1) A resource authority holder may exercise an access right over access land if—
(a) the following have agreed orally or in writing to the exercise of the rights—
(i) if exercising the rights is likely to have a permanent impact on access land—each owner and occupier of the land;
(ii) if exercising the rights is unlikely to have a permanent impact on access land—each occupier of the land; or
(b) the exercise of the rights is needed to preserve life or property or because of an emergency that exists or may exist.
(2) An agreement about the exercise of the rights mentioned in subsection (1)(a) is an access agreement.
(3) In this section—
access land, for a resource authority, means land, outside the authorised area for the resource authority, that it is reasonably necessary to allow the holder to cross in order to enter the authorised area.
Note—
See section 49 for the criteria for deciding whether access is reasonable.
access rights, over access land for a resource authority, means the right to—
(a) cross the access land if it is reasonably necessary to allow the holder to enter the authorised area; and
(b) carry out activities on the access land that are reasonably necessary to allow the crossing of the land.
Example for paragraph (b)—
opening a gate or fence
permanent impact, on land, means a continuing effect on the land or its use or a permanent or long-term adverse effect on its current lawful use by an occupier of the land.
Example of an exercise of access rights that is likely to have a permanent impact—
building a road
Example of an exercise of access rights that is unlikely to have a permanent impact—
opening or closing a gate