Mining Act 1992

The Secretary may cause steps to be taken to have a derelict mine site fully or partially rehabilitated and may, for that purpose, enter into contracts or agreements.

An authorised person may enter any land and do anything that in the person’s opinion is necessary for or in connection with the rehabilitation (including gaining access to other land from that land).

However, an authorised person must not enter land unless the person—

has given the occupier of the land reasonable notice of the person’s intention to do so, and

enters the land at a reasonable time (except in the case of an emergency), and

uses no more force than is reasonably necessary to effect entry.

A landholder who suffers damage caused by an authorised person entering the landholder’s land under this section is entitled to be paid reasonable compensation by the Crown unless the landholder obstructed, hindered or restricted the authorised person’s entry.

Division 3 of Part 13 and Part 15 apply (with such modifications as may be prescribed by the regulations) to that compensation as if it were compensation payable for a compensable loss (within the meaning of Division 3 of Part 13).

In this section—

authorised person means—

a person engaged in connection with the taking of steps under subsection (1), or

the Secretary, or

a person authorised in writing by the Secretary for the purposes of this section, or

an inspector.

landholder includes a secondary landholder.