MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 26AS Authority to enter land

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 26AS

    (1)     The Department Head may grant to a person an authority to enter land for the purposes of section 26AR if the Department Head is satisfied that the person has made reasonable attempts to obtain the consent of the owner or occupier and—

        (a)     the person has been unable to contact the owner or occupier; or

        (b)     the owner or occupier has refused or failed to consent.

    (2)     A person does not trespass on land only because the person exercises reasonable access to the land—

        (a)     in accordance with an authority to enter the land; and

        (b)     for the purpose of surveying the boundaries of the land proposed to be covered by the licence.

    (3)     An authority to enter land expires—

        (a)     12 months after the date on which the authority was granted; or

        (b)     when the licence application in relation to which the authority was granted is determined—

whichever is the earlier.

    (4)     The Department Head must serve on the owner and occupier of land a copy of an authority that is granted under this section to enter the land as soon as is practicable after the authority is granted.

S. 26AT inserted by No. 68/2014 s. 30.