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MINING ACT 1992 - SECT 142
Holder of prospecting title to seek access arrangement
142 Holder of prospecting title to seek access arrangement
(1) The holder of a prospecting title may, by written notice served on each
landholder of the land concerned, give notice of the holder's intention to
obtain an access arrangement in respect of the land.
(2) The notice of the
holder's intention to obtain an access arrangement must, in addition to
stating the holder's intention, contain-- (a) a plan and description of the
area of land over which the access is sought sufficient to enable the ready
identification of that area, and
(b) a description of the prospecting methods
intended to be used in that area.
(2A) The holder of the prospecting title
must pay the reasonable costs of the landholder of the land concerned in
participating in negotiating the access arrangement.
(2B) The maximum amount
of reasonable costs payable by the holder of the prospecting title is the
amount set out by the Minister by order published in the Gazette.
(2C) In
making the order, the Minister must have regard to the following-- (a) time
spent participating in negotiating the access arrangement,
(b) legal costs of
negotiating the access arrangement,
(c) costs of engaging experts as part of
the negotiation process.
(2D) Nothing in this section prevents a holder of a
prospecting title, at the holder's discretion, paying other amounts to a
landholder.
(2E) An order relating to costs may-- (a) apply generally or be
limited in its application by reference to specified exceptions or factors, or
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied
or regulated by any specified person or body,
or may do any combination of
those things.
(2F) The regulations may make provision for or with respect to
the payment of costs under this section, including, but not limited to, the
following-- (a) the timing or frequency of payments,
(b) evidence of costs
incurred to be provided to the holder of the prospecting title.
(2G) The
holder of a prospecting title and the landholder of the land concerned must
negotiate on an access arrangement in good faith.
(3) The holder of a
prospecting title and a landholder of the land concerned may agree in writing
(either before or after the prospecting title is granted) on an access
arrangement.
(4) If some but not all of the landholders of any particular
land have agreed to an access arrangement, a reference in sections 143- 156 to
each landholder of the land or to a party to the hearing before an arbitrator
does not include a reference to any of those landholders who has agreed to an
access arrangement. However, the arbitrator may allow a landholder who has
agreed to an access arrangement to become a party to the hearing of the matter
in order to ensure consistency in the access arrangements over the same land,
and may, for that purpose, replace the agreed access arrangement with the
access arrangement determined by the arbitrator.
(5) In this section, a
reference to the holder of a prospecting title includes a reference to the
proposed holder of a prospecting title.
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