• Specific Year
    Any

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 59 59 Conditions public land authority may impose

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 59

59 Conditions public land authority may impose

(1) This section applies if a resource authority holder gives a public land authority a periodic entry notice about an entry to public land to carry out an authorised activity for the resource authority.

(2) The public land authority may, for the entry period stated in the notice, impose reasonable and relevant conditions on the resource authority holder about the entry to the public land or the carrying out of the authorised activity.

(3) The conditions may, for example, be about—

(a) giving the public land authority, at stated intervals, notice of particular activities being carried out on the land by or for the holder; or
(b) affecting other owners and occupiers of the public land.

(4) However, if the public land authority imposes a condition about giving the authority further notice of subsequent entries made during the entry period, the condition must require the notice be given—

(a) generally—at least 2 business days before the entry; or
(b) if the holder and the public land authority have agreed to a longer or shorter period for giving the notice—within the agreed period.

(5) The public land authority can not impose a condition for a resource authority or its relevant environmental authority that is—

(a) the same as a condition already applying to the authority; or
(b) substantially the same as a condition already applying to the authority; or
(c) inconsistent with a condition already applying to the authority.

(6) However, if the public land authority is the chief executive of the department in which the Nature Conservation Act 1992 is administered, that chief executive may impose a condition more stringent than the environmental authority's conditions.

(7) The public land authority may vary any condition it imposes if the condition would otherwise be inconsistent with the requirements under subsection (5).

(8) If the public land authority decides—

(a) to impose a condition, other than a condition agreed to or requested by the resource authority holder; or
(b) to vary a condition, other than a variation agreed to or requested by the resource authority holder;

it must give the holder an information notice about the decision.

(9) The resource authority holder must comply with the conditions imposed by the public land authority.

Maximum penalty for subsection (9)—100 penalty units.

(10) In this section—

entry period, for a periodic entry notice, see section 57(2).