Mining Regulation 2016

(Former clause 37 of 2010 Reg)

For the purposes of section 164 (1) of the Act, a right of way to which the holder of an authority (other than a mineral owner authority) is entitled is to be—

indicated by marker posts located along the route of the right of way in accordance with this clause, or

indicated or described in such other manner as is agreed in writing by the landholder and the holder of the authority.

The marker posts are to be located—

at the start and finish of the right of way, and

at intervals of not more than 250 metres, and

at each point where the route of the right of way changes direction.

A marker post referred to in subclause (2) must bear a tag showing—

the coordinates of the post’s position, and

the authority number or other identifying code for the authority, and

the name of the holder of the authority.

For the purposes of subclause (3) (a), the coordinates of a marker post—

are to be established by means of a Global Positioning System device, and

must be identified in the Map Grid of Australia coordinate system.

Provided that the requirements referred to in subclause (3) are met by each holder of an authority for which a marker post indicates the right of way, the same marker post may be used to indicate a right of way in relation to 2 or more authorities.

The holder of the authority must prepare a map of the right of way and cause copies of the map to be given to each landholder affected by the right of way.

A map referred to in subclause (6) must describe the route of the right of way (which must be no more than 10 metres wide) and must indicate the coordinates of the position of each picket or post.

Each holder of an authority who is entitled to the right of way must ensure that a marker post referred to in subclause (2) is properly maintained.

Maximum penalty—20 penalty units.

For the purposes of section 164 (6) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions—

the holder of the authority who is entitled to the right of way is to pay to the landholder such amount, by way of compensation, as is agreed in writing by the holder of the authority and the landholder (or, in default of agreement, as is assessed by the Land and Environment Court at the request of the holder of the authority or the landholder),

if the right of way passes over—

any garden, orchard or land under cultivation, or

any land on which is situated a significant improvement,

being land that was, when the right of way was marked out, land of that nature, the holder of the authority who is entitled to the right of way is not to exercise the right of way otherwise than in accordance with the consent of the landholder.