Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 344G

344G Consent of owner or occupier to enter affected land

(1) This section applies if an authorised person intends to ask the owner or occupier of affected land for consent to enter the land.

(2) For the purpose of asking the owner or occupier for the consent, the authorised person may, without the consent of the owner or occupier, or a warrant—

(a) enter land around premises at the affected land to an extent that is reasonable to contact an occupier of the affected land; or

(b) enter part of the affected land the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the affected land.

(3) When asking for the consent, the authorised person must tell the owner or occupier—

(a) about the purpose of the entry; and

(b) the proposed day, time and duration of the entry; and

(c) that the owner or occupier is not required to consent; and

(d) that the consent may be—

(i) given subject to reasonable conditions, other than a condition requiring compensation for the entry; and

(ii) may be withdrawn at any time.

(4) If the owner or occupier gives the consent, the authorised person may ask the owner or occupier to sign an acknowledgement of the consent.

(5) The acknowledgement must state—

(a) the purpose of the entry, including the remediation activities to be carried out; and

(b) the following has been explained to the owner or occupier—

(i) the purpose of the entry, including the remediation activities to be carried out;

(ii) the proposed day, time and duration of the entry;

(iii) that the owner or occupier is not required to consent;

(iv) that the consent may be given subject to conditions, other than a condition requiring compensation for the entry, and may be withdrawn at any time; and

(c) the owner or occupier gives the authorised person consent to enter the land and carry out the remediation activities; and

(d) the day and time the consent was given; and

(e) any conditions of the consent.

(6) If the owner or occupier signs the acknowledgement, the authorised person must give a copy of the acknowledgement to the owner and occupier.