PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 49J

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 49J

49J—Access to pastoral land prior to grant of licence

        (1)         A person who intends to apply for a wind farm licence may, with the approval of the Minister, enter and occupy pastoral land—

            (a)         to conduct any investigations or tests, temporarily install any devices, or take any samples, for the purposes of making such application (or determining whether to make such application); or

            (b)         for a purpose approved by the Minister.

        (2)         The Minister may only grant an approval under subsection (1) if the person who intends to enter and occupy pastoral land has paid the fee fixed by the Minister.

        (3)         A person who intends to enter and occupy pastoral land under subsection (1) must give the prescribed interested parties at least 14 days notice of his or her intention to enter and occupy the land.

        (4)         If the Minister grants an approval under this section to a person to enter and occupy pastoral land, no application may, for the period of 2 years and 6 months commencing from the granting of the approval, be made by another person to the Minister for an approval under this section in respect of that land.

        (5)         The Minister may, on application by a person granted an approval under this section, extend the period of 2 years and 6 months referred to in subsection (4) so that that subsection would apply in relation to the land for a further period of 3 years from the granting of the application for the extension, if the Minister is satisfied that the person has developed a plan for a wind farm on the land and can fund completion of that plan.

        (6)         Nothing in this section requires a person granted an approval under this section to disclose to the Minister or any other person any information collected pursuant to the approval.

        (7)         An approval granted to a body corporate under this section will be taken to apply to a related body corporate on the related body corporate giving notice, in writing, to the Minister of its intention to exercise rights under the approval.