Mineral Resources Act 1989

This section applies if—

an owner of a water monitoring bore has not decommissioned the bore as required under section 334ZZS; and

the mineral development licence, mining lease or water monitoring authority under which the bore was constructed has ended or the land on which the bore is located is no longer in the area of the licence, lease or authority.

The owner may enter the following land to carry out the decommissioning—

land (the primary land) on which the decommissioning must be, or was required to be, carried out;

any other land (the access land) it is reasonably necessary to cross for access to the primary land.

The Common Provisions Act, chapter 3, parts 2, 3 and 6 and part 7, divisions 1, 2 and 5 applies to the owner in the following way—

if the mineral development licence or water monitoring authority under which the bore was constructed has ended, as if—

it were still in force; and

the owner is its holder;

if the mining lease under which the bore was constructed has ended, as if—

it were still in force; and

the owner is its holder; and

the Common Provisions Act, sections 37, 56(2) and 80 did not exclude the application of chapter 2, parts 2, 3 and 7 to a mining lease;

as if the primary land and access land are in the area of the mineral development licence, mining lease or water monitoring authority under which the bore was constructed;

as if the decommissioning is an authorised activity for the mineral development licence, mining lease or water monitoring authority under which the bore was constructed.