Queensland Numbered Acts Queensland Numbered Acts(1) An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 does not apply if—
(a) the resource authority holder owns the land; or
(b) the resource authority holder has an independent legal right to enter the land for the purpose; or
(c) the entry is to preserve life or property or because of an emergency that exists or may exist; or
(d) the entry is authorised under the relevant Resource Act for the resource authority; or
(e) the entry is of a type prescribed under a regulation.
(2) An obligation under this division to give an entry notice about an entry to private land for a purpose mentioned in section 38 also does not apply if the resource authority holder has 1 of the following with each owner and occupier of the land—
(a) a waiver of entry notice for the entry that is in effect;
Note—
An owner or occupier of land may give a waiver of entry notice for an entry to the land. See section 42.
(b) a conduct and compensation agreement for the land and—
(i) the agreement provides for alternative obligations for the entry; and
(ii) the holder complies with the alternative obligations for the entry;
(c) an opt-out agreement.
(3) In this section—
independent legal right, to enter land, means a right to enter the land that is enforceable under any law, including a common law right, but does not include a right to enter the land under this Act or a Resource Act.
Example of an independent legal right to enter land—
a contractual arrangement allowing a party to the contract to enter particular land