New South Wales Consolidated Acts

MINING ACT 1992 - SECT 164

164 Rights of way

(1) The holder of an authority (other than a mineral owner authority) is entitled to a right of way (to be indicated or described in the manner prescribed by the regulations) between the land subject to the authority and a public road.

(2) The route of a right of way should, wherever practicable, follow the route of existing roads or tracks (particularly, in the case of land in the Western Division, those the subject of special easements under Part 6 of Schedule 3 to the Crown Land Management Act 2016 ).

(3) The holder of the authority--

(a) must ensure that substantial gates or grids (or, if the landholder of the land so requires, gates and grids), that comply with subsection (4), are placed wherever fences are intersected by the right of way, or

(b) if those fences are rabbit-proof, marsupial-proof or dog-proof fences, must ensure that rabbit-proof, marsupial-proof or dog-proof gates are placed at all such intersections.

Maximum penalty (subsection (3)): 50 penalty units.

(4) Any such gate or grid must be of a design and construction that is adequate to prevent stock from straying.

(5) The costs of installing and maintaining any gates or grids required by this section are to be borne by the holder of the authority.

(6) Subject to any determination by the Land and Environment Court, a right of way is subject to such conditions as to its exercise, and to such exceptions as to the land over which it may be exercised, as may be prescribed by the regulations.

(7) If a dispute arises as to the exercise of a right of way, any party to the dispute may apply to the Land and Environment Court for a determination of the matter.