Mineral Resources (Sustainable Development) Act 1990

The Minister may take any action that an order under section 110(3A) or an injunction granted on an application under section 110AA(1) requires to be taken if—

the holder of the authority does not take the action within the time specified in the order or injunction or, if no time is specified in the order or injunction, a reasonable time; and

failure to take the action is likely to result in a serious risk to public safety, the environment, land, property or infrastructure.

The Minister may authorise a person and any person assisting that person to enter any land and do anything that in the Minister's opinion is necessary for the purpose of taking an action under subsection (1).

If it is necessary for an authorised person or a person assisting an authorised person to enter land under subsection (2), the Minister must, except in a case of emergency—

if the land is private land, give reasonable notice of the entry to the owner and the occupier of the land; and

if the land is Crown land, give reasonable notice of the entry to the Crown land Minister; and

ensure that the person enters the land at a reasonable time; and

if the land is used only for residential purposes, obtain, or take all reasonable steps to obtain, the consent of the occupier of the land.