New South Wales Consolidated Acts

MINING ACT 1992 - SECT 255A

255A Restriction of power of entry: permit holders

(1) A power conferred by this Act to enter any land, or to do anything on any land, pursuant to a permit may not be exercised by any person or persons unless he or she (or, if more than one, one of them)--

(a) is in possession of the permit, and

(b) gives reasonable notice to the landholder of his or her intention to exercise the power, and

(c) exercises the power at a reasonable time, and

(d) produces the permit if required to do so by the landholder.

(2) If damage is caused by the holder of a permit exercising a power of entry under the permit, the landholder is entitled to payment from the holder of the permit of a reasonable amount of compensation unless the landholder obstructed, hindered or restricted the holder of the permit in the exercise of the power.

(3) In this section,
"landholder" includes a secondary landholder.