New South Wales Consolidated Acts

MINING ACT 1992 - SECT 235C

235C Rights of way

(1) The holder of an opal prospecting licence is entitled to a right of way (to be indicated or described in the manner prescribed by the regulations) between the opal prospecting block and a public road.

(2) The route of a right of way--

(a) 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 ), and

(b) must accord with the provisions of any registered access management plan applying to the land.

(3) The holder of the opal prospecting licence--

(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.

(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 opal prospecting licence.

(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--

(a) as may be prescribed by the regulations, or

(b) as may be specified in any registered access management plan applying to the land.

(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.

(8) The conditions imposed by the Land and Environment Court under subsection (7) must not be inconsistent with the conditions specified in any registered access management plan applying to the land.

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