(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.