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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 48 48 Owner or occupier must not unreasonably refuse to make access agreement

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 48

48 Owner or occupier must not unreasonably refuse to make access agreement

(1) An owner or occupier of access land must not, if asked by a resource authority holder, unreasonably refuse to make an access agreement with the holder.

(2) For subsection (1), the owner or occupier does not unreasonably refuse only because the owner or occupier asks for the agreement to be subject to reasonable and relevant conditions offered by the owner or occupier.

(3) If an owner or occupier has not made an access agreement within 20 business days after being asked to make the agreement by a resource authority holder, the owner or occupier is taken to have refused to make the agreement.

Note—
Either party may refer a refusal under subsection (1) or (3) to the Land Court to decide whether the refusal is unreasonable. See section 52.