Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

GEOTHERMAL ENERGY ACT 2010 No. 31 - SECT 223

223 Principles for deciding whether access is reasonable

(1) This section provides for matters to which regard must be had in deciding whether--

(a) it is reasonably necessary for the geothermal tenure holder to cross the land to allow the holder to enter the tenure's area; or
(b) it is reasonably necessary for the holder to carry out activities on the land to allow the crossing of the land; or
(c) the owner or occupier has unreasonably refused to make an access agreement.

(2) The holder must first show it not possible or reasonable to exercise the access rights by using a formed road.

(3) After subsection (2) has been satisfied, the following must be considered--

(a) the nature and extent of any impact the exercise of the access rights will have on the land and the owner or occupier's use and enjoyment of it;
(b) how, when and where and the period during which the holder proposes to exercise the access rights.

(4) In this section--

formed road means any existing road or track on private land or public land used, or that may reasonably be capable of being used, to drive or ride motor vehicles.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback