South Australian Current Regulations

ENERGY RESOURCES REGULATIONS 2013 - REG 9C

9C—Notice of entry on land

For the purposes of section 61 of the Act, a notice must—

            (a)         state the full name and business address of the licensee; and

            (b)         provide the name and telephone number of a person who can be contacted about the notice; and

            (c)         provide a reasonable description of the types of activities proposed to be carried out on the land; and

            (d)         identify the place or places where the activities are to be carried out and indicate the proposed duration of the activities; and

            (e)         insofar as is relevant to the particular land—provide reasonable information on the anticipated events and consequences associated with the activities, and on the action that is proposed to be taken to manage and address those events and consequences, in order to enable the occupier to make an informed decision about the impact or potential impact of the activities on the land; and

            (f)         if it is proposed to commence negotiations for an easement in connection with the construction of a pipeline while activities are being carried out under a preliminary survey licence—

                  (i)         provide reasonable information about the proposed construction and operation of the pipeline that may be relevant to the owner; and

                  (ii)         provide reasonable information about the scheme under the Act for the compulsory acquisition of an interest in land (including with rights to compensation); and

            (g)         state whether the owner may object to the proposed entry under the Act and, if so, the fact that a notice of objection must be given to the licensee within 14 days after service of the notice of entry; and

            (h)         provide reasonable information on the rights of an owner of land to claim compensation under the Act to cover—

                  (i)         deprivation or impairment of the use and enjoyment of the land; and

                  (ii)         damage to the land (not including damage that will be made good by the licensee); and

                  (iii)         damage to, or disturbance of, any business or other activity lawfully conducted on the land; and

                  (iv)         consequential loss suffered or incurred by the owner on account of the licensee entering the land and carrying out regulated activities under the Act; and

                  (i)         state that compensation under the Act is not to be related to the value or possible value of resources contained in the land and that dissatisfaction with any compensation is not a ground for objecting to any entry on to the land; and

            (j)         state that compensation under the Act may include an additional component to cover reasonable costs reasonably incurred in connection with negotiating and resolving issues associated with gaining access to the land, undertaking activities on the land, and determining appropriate levels of compensation under the Act; and

            (k)         state that any dispute over access or compensation may ultimately be resolved by application to the relevant court; and

            (l)         inform the person that the activities to which the notice relates are conducted under the Act and that any concerns or issues associated with the conduct of the activities may be raised with the department; and

            (m)         be accompanied by a copy of Part 10 of the Act.