Queensland Numbered Acts Queensland Numbered ActsChapter 5, part 7, divisions 1 to 3--
omit, insert--
'(1) A person must not--
(a) enter private land in a GHG authority's area to carry out a preliminary activity for the authority; or
(b) enter private land in a GHG authority's area to carry out an advanced activity for the authority if either of the following applies for the entry--
(i) the deferral agreement exemption;
(ii) the Land Court application exemption;
unless the GHG authority's holder has given each owner and occupier of the land a written notice of the entry that complies with section 279 (an entry notice).
Maximum penalty--500 penalty units.
'(2) The entry notice must be given--
(a) generally--at least 10 business days before the entry; or
(b) if, by a signed endorsement on the notice, the relevant owner or occupier has agreed to a shorter period--the shorter period.
Maximum penalty--500 penalty units.
'(3) The holder must give the chief executive a copy of the entry notice immediately after the notice is given and before entry is made under the GHG authority.
Maximum penalty--10 penalty units.
'(4) A contravention of subsection (3) does not affect the validity of the notice or the entry.
'(5) This section is subject to section 280.
'(6) In this section--
deferral agreement exemption, for an entry, means that the conduct and compensation agreement requirement does not apply for the entry because of section 284(c)(i).
give, for an entry notice, includes publishing it in a way approved under section 282.
Land Court application exemption, for an entry, means that the conduct and compensation agreement requirement does not apply for the entry because of section 284(c)(ii).
'(1) An entry notice must state the following--
(a) the land proposed to be entered;
(b) the period during which the land will be entered (the entry period);
(c) the activities proposed to be carried out on the land;
(d) when and where the activities are proposed to be carried out;
(e) contact details for--
(i) the relevant GHG authority holder; or
(ii) another person the holder has authorised to discuss the matters stated in the notice.
'(2) Also, the first entry notice from the GHG authority holder to a particular owner or occupier must be accompanied by or include a copy of--
(a) the GHG authority; and
(b) the land access code; and
(c) any code of practice made under this Act applying to authorised activities for the GHG authority; and
(d) the relevant environmental authority documentation.
'(3) The entry period can not be longer than--
(a) generally--
(i) for a GHG permit--6 months; or
(ii) for another GHG authority--1 year; or
(b) if the relevant owner or occupier agrees in writing to a longer period--the longer period.
'(4) Subject to subsections (1) to (3), an entry notice may state an entry period that is different to the entry period stated in another entry notice given by the GHG authority holder to another owner or occupier of the land.
'(5) In this section--
relevant environmental authority documentation means--
(a) if, under the Environmental Protection Act, the relevant environmental authority for the GHG authority is a code compliant authority--the relevant code; or
(b) if, under the Environmental Protection Act, the relevant environmental authority for the GHG authority is a non-code compliant authority--
(i) the environmental authority; and
(ii) if the environmental authority imposes conditions by referring to a code--that code.
'(1) The requirement under section 278(1) to give an entry notice does not apply for an entry to land to carry out an authorised activity if any of the following apply--
(a) the GHG authority holder owns the land;
(b) the holder has the right other than under this Act to enter the land to carry out the activity;
(c) if--
(i) there is a conduct and compensation agreement relating to the land; and
(ii) each eligible claimant for the land is a party to the agreement; and
(iii) the agreement includes a waiver of entry notice;
(d) the entry is to preserve life or property or because of an emergency that exists or may exist;
(e) the relevant owner or occupier has, by signed writing, given a waiver of entry notice.
'(2) A waiver of entry notice mentioned in subsection (1) must comply with section 281(1).
'(1) A waiver of entry notice mentioned in section 280 must--
(a) if it does not form part of a conduct and compensation agreement, be written and signed; and
(b) state the following--
(i) that the relevant owner or occupier has been told they are not required to agree to the waiver of entry notice;
(ii) the authorised activities proposed to be carried out on the land;
(iii) the period during which the land will be entered;
(iv) when and where the activities are proposed to be carried out.
'(2) The relevant owner or occupier can not withdraw the waiver of entry notice during the period.
'(3) The waiver of entry notice ceases to have effect at the end of the period.
'(1) The chief executive may approve a GHG authority holder giving an entry notice for the authority by publishing it in a stated way.
'(2) The publication may relate to more than 1 entry notice.
'(3) The chief executive may give the approval only if satisfied--
(a) for a relevant owner or occupier who is an individual, it is impracticable to give the owner or occupier the notice personally; and
(b) the publication will happen at least 20 business days before the entry.
'(1) A person must not enter private land in a GHG authority's area to carry out an advanced activity for the authority (the relevant activity) unless each eligible claimant for the land is a party to an appropriate conduct and compensation agreement.
Maximum penalty--500 penalty units.
'(2) The requirement under subsection (1) is the conduct and compensation agreement requirement.
Note--
For conduct and compensation agreements, see part 10, division 1.
'(3) In this section--
appropriate conduct and compensation agreement, for an eligible claimant, means a conduct and compensation agreement about the holder's compensation liability to the eligible claimant of at least to the extent the liability relates to the relevant activity and its effects.
'The conduct and compensation agreement requirement does not apply for an entry to land to carry out an advanced activity if any of the following apply--
(a) the GHG authority holder owns the land;
(b) the holder has the right other than under this Act to enter the land to carry out the activity;
(c) each eligible claimant for the land is--
(i) a party to an agreement, complying with section 285, that a conduct and compensation agreement can be entered into after the entry (a deferral agreement); or
(ii) an applicant or respondent to a Land Court application under section 325B relating to the land;
(d) the entry is to preserve life or property or because of an emergency that exists or may exist.
'A deferral agreement must--
(a) be written and signed by or for the holder and each eligible claimant for the land to be entered; and
(b) state the following--
(i) that the eligible claimant has been told the claimant is under no obligation to enter into a deferral agreement before entering into a conduct and compensation agreement;
(ii) the authorised activities proposed to be carried out on the land;
(iii) the period during which the land will be entered;
(iv) when and where the activities are proposed to be carried out;
(v) the period for which the deferral agreement has effect;
(vi) when it is proposed to enter into a conduct and compensation agreement.'.