Obligation to remove equipment and improvements
75B Obligation to remove equipment and improvements
This section applies for equipment or improvements in the area of the tenure that are being, or have been, used for an authorised activity for the tenure.
However, this section does not apply for—
a well, pipeline, water observation bore or water supply bore; orNotes—
1 For wells, water supply bores and water observation bores, see part 6D.
2 For the obligation to decommission pipelines, see section 75A.
3 For a general provision about ownership while a tenure is in force for a pipeline, see section 79X.
equipment or improvements on land that, under section 20, ceases to be in the area of an authority to prospect.
The holder of the tenure must, before the removal day, remove the equipment or improvements from the land, unless the owner of the land otherwise agrees.Maximum penalty—1,000 penalty units.
To remove any doubt, it is declared that subsection (3) applies even if the equipment or improvements are not owned by the holder.
Note—For ownership of equipment and improvements, see section 80.
In this section—equipment includes machinery and plant.removal day means the later of the following days—
the earlier of the following—
the day the tenure ends;
the day the land ceases to be in the area of the tenure;
if, before the day provided for under paragraph (a), the Minister fixes a day—that day;
if, before a day fixed under paragraph (b), the Minister fixes a later day—that day.
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