Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 38AB

Authority to enter land

38AB. Authority to enter land



(1) The Department Head may grant to a licensee an authority to enter land for
the purposes of section 38AA if he or she is satisfied that the licensee has
made reasonable attempts to obtain the consent of the owner or occupier and-

   (a)  the applicant 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 or marking out the boundaries of the land
        covered by the mining licence.

(3) An authority to enter land expires if either of the following occurs-

   (a)  a work authority over the land is registered; or

   (b)  the licence ceases to have effect.





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