New South Wales Consolidated Acts

MINING ACT 1992 - SECT 141

141 Matters for which access arrangement to provide

(1) An access arrangement may make provision for or with respect to the following matters--

(a) the periods during which the holder of the prospecting title is to be permitted access to the land,

(b) the parts of the land in or on which the holder of the prospecting title may prospect and the means by which the holder may gain access to those parts of the land,

(c) the kinds of prospecting operations that may be carried out in or on the land,

(d) the conditions to be observed by the holder of the prospecting title when prospecting in or on the land,

(f) the compensation to be paid to any landholder of the land as a consequence of the holder of the prospecting title carrying out prospecting operations in or on the land,

(g) the manner of resolving any dispute arising in connection with the arrangement,

(h) the manner of varying the arrangement,

(i) the notification to the holder of the prospecting title of particulars of any person who becomes an additional landholder.

(1A) The Secretary may, with the concurrence of the NSW Farmers Association and the NSW Minerals Council, publish templates for use for standard access arrangements. The use of any such template is not mandatory.

(2) An access arrangement that is determined by an arbitrator must specify the compensation, as assessed by the arbitrator, to which each landholder of the land concerned is entitled under Division 1 of Part 13.

(3) In the event of an inconsistency between--

(a) a provision of an access arrangement, and

(b) a provision of this Act, of the regulations or of a condition of a prospecting title,

the provision referred to in paragraph (b) prevails.

(4) If the holder of a prospecting title contravenes an access arrangement, a landholder of the land concerned may deny the holder access to the land until--

(a) the holder ceases the contravention, or

(b) the contravention is remedied to the reasonable satisfaction of, or in the manner directed by, an arbitrator appointed by the Secretary.

The Secretary is to make such an appointment within 48 hours after being requested to do so by the landholder or the holder of a prospecting title and the arbitrator is to deal with the matter within 5 business days of the appointment. If the arbitrator does not deal with the matter within that time, the landholder may deny the holder of the prospecting title access to the land until such time as the matter is determined by the arbitrator.

(5) Subsection (4) does not affect any proceedings that may be brought against the holder of the prospecting title in respect of the contravention of the access arrangement.