Queensland Numbered Acts

GREENHOUSE GAS STORAGE ACT 2009 No. 3 - SECT 324

(1) This section applies to the holder of any GHG authority.

(2) The holder must not enter private land to carry out an authorised activity for the GHG authority unless--

(a) the holder owns the land; or

(b) the holder has the right other than under this Act to enter the land to carry out authorised activities for the GHG authority; or

(c) each eligible claimant for the land is--

(i) a party to a compensation agreement about the holder's compensation liability to the eligible claimant of at least to the extent the liability relates to the activity proposed to be carried out by the holder and its effects; or

(ii) a party to an agreement (a deferral agreement) that a compensation agreement can be entered into after the entry; or

(iii) an applicant or respondent to an application under section 321 relating to the land; or

(d) the entry is to preserve life or property or because of a dangerous situation or emergency that exists or may exist.

(3) A deferral agreement must--

(a) be written and signed by or for the holder and each eligible claimant for the land; and

(b) state each of the following--

(i) that the eligible claimant has been told the claimant is not required to sign the agreement before a compensation agreement has been entered into;

(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) when it is proposed that all or part of the liability for compensation will be met;

(vi) the period for which the agreement has effect;

(vii) how the liability will be met.