Mining Regulation 2016

(Former clause 45 of 2010 Reg)

For the purposes of section 211 (1) of the Act, a right of way to which the holder of a mineral claim is entitled under that section 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 between the landholder and the holder of the mineral claim.

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 mineral claim number or other identifying code for the mineral claim, and

the name of the holder of the mineral claim.

For the purposes of subclause (3) (a), it is sufficient for the coordinates of a marker post to be established by means of a Global Positioning System device.

If a right of way is marked out in accordance with subclause (2), the holder of the mineral claim 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 (5) 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 marker post that bears a tag referred to in subclause (3).

Each holder of a mineral claim 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 211 (6) (a) of the Act, the exercise of a right of way conferred by that section is subject to the following conditions—

the holder of the mineral claim 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 mineral claim 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 mineral claim 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 mineral claim 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,

the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way before 7 am or after 6 pm, unless it is with the written consent of the landholder,

the holder of the mineral claim who is entitled to the right of way is not to exercise the right of way during or less than 24 hours after wet weather, unless it is with the written consent of the landholder.