Queensland Consolidated Acts

MINERAL RESOURCES ACT 1989 - SECT 386V

386V Carrying out activity on land for boundary definition purposes

(1) This section applies if it is necessary for a person to enter land (the
"land" ) for the purpose of complying with—

(a) section 386R or 386U ; or

(b) a notice under section 386J , 386S or 386T .

Example—

It becomes necessary for a person to enter land to define a boundary by installing physical monuments or taking GPS coordinates.

(2) The person may, for that purpose, carry out the following activities—

(a) enter and leave the land using a reasonable type of transport;

(b) cross other land to the extent necessary to gain reasonable access to the land;

(c) another activity on the land that is necessary for the purpose.

(3) However, the carrying out of the activity is subject to—

(a) any conditions imposed by the Minister under section 386W (5) ; and

(b) the conditions stated in schedule 1 ; and

(c) the conditions prescribed by regulation.

(4) The chief executive may, in a notice under section 386J , 386S or 386T , impose other conditions on the carrying out of the activity, including, for example, that the activity must be carried out within a stated period.

(5) A person may appeal against the chief executive’s decision to impose a condition under subsection (4) to the Land Court.

(6) Sections 39 to 42 apply to the appeal and, for that purpose, the person is an aggrieved person.

(7) This section does not authorise the entry of land in a fossicking area.