Power to enter land
124ZZZO Power to enter land
(1) The following persons may enter land or premises to which the condition under section 85 or 124ZC applies:
the approval holder or an employee of the approval holder;
the mining operator or an employee of the mining operator;
(c) a contractor engaged by the approval holder or mining operator to carry out works on the land or premises or an employee of the contractor.
(2) The following persons may enter land or premises to which a condition under section 85 or 124ZC applies to monitor the carrying out of the works on the land or premises to which the condition applies:
(a) a person engaged by the approval holder or mining operator to monitor the carrying out of the works or an employee of the monitor;
the CEO.
(3) A person permitted to enter land or premises under this section may only enter:
with the consent of the owner or occupier of the land; or
(b) if the person gives at least 10 business days prior written notice to the owner or occupier of the land; or
(c) in an emergency, if there is a risk of environmental harm if works are not carried out immediately.
(4) A person entering land or premises under subsection (3)(c) must:
(a) if possible, give oral notice of the entry to the owner or occupier of the land as soon as possible before, on or after that entry; and
(b) give written notice of the entry to the owner or occupier within 10 business days after that entry or the giving of the oral notice, whichever occurs first.
(5) The notice under subsection (3)(b) or (4) must inform the owner or occupier of the land of the matters prescribed by regulation.
(6) Despite subsection (3), a person must not enter residential premises under this section without the consent of the owner or occupier of the land.
(7) The power of a person to enter land or premises under this section may be exercised, despite:
the land being, or the premises being on, Aboriginal land; and
(b) the person not holding a permit under the Aboriginal Land Act 1978 to enter or remain on Aboriginal land.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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