Queensland Numbered Acts

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MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 No. 47 - SECT 43

43 Carrying out advanced activities on private land requires agreement

(1) A person must not enter private land to carry out an advanced activity for a resource authority unless each owner and occupier of the land—

(a) is a party to a conduct and compensation agreement about the advanced activity and its effects; or
(b) is a party to a deferral agreement; or
(c) has elected to opt out from entering into a conduct and compensation agreement or deferral agreement under section 45; or
(d) is an applicant or respondent to an application relating to the land made to the Land Court under section 96.

Maximum penalty—500 penalty units.

(2) This section does not apply for an entry to private land to carry out an advanced activity for a resource authority if—

(a) the resource authority holder owns the land; or
(b) the resource authority holder has an independent legal right to enter the land to carry out the activity; 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.

(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.



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