Land Access Agreements
The Victorian Small Business Commission provides a dispute resolution service between a landowner who is a small business or a farmer and an explorer. The time limit for transporting a dispute before the Magistrate is provided for by Regulation 2 of the Petroleum and Geothermal Energy Resources Regulations 1987 and is three months after the date on which the landowner or occupier was informed of the intention to begin operations on private land. The purpose of land access regimes is to ensure an orderly search for minerals while recognizing the right of landowners to operate without inappropriate intervention or disturbance. The presentation of the Land Access Agreement for Mineral Exploration (the model) is published by the Department of Planning and The Environment, in accordance with Section 141 (1A) of the Mining Act 1992. The goal is to help landowners and mineral exploration companies operating in NSW negotiate an access agreement. This proposal is intended to cover exploration of minerals and coal, but does not address access to land for opal exploration or oil exploration (including coal-layer gas). Note that the use of the model is optional. An owner cannot revoke his consent. For this reason, it is important to ensure that an agreement meets the needs of both parties for the duration of the exploration licence (usually five years). Under the Petroleum Pipelines Act of 1969, each country can be taken on behalf of the licensee in the same way that land can be taken for public work. Land or relief can only be taken at the request of a pipeline dealer.
Learn more about how private land can be used to allow an oil pipeline to this country (page 121). On this page, you will find information on private access to land, including compensation for the right to occupy the country and how the Petroleum Pipelines Act 1969 regulates pipelines in Western Australia. Oil and geothermal energy are considered strategic resources and, in this respect, the titles of the Petroleum and Geothermal Energy Resources Act of 1967 have a certain priority over other lands. All access rules should be based on the recognition that explorers are “visitors” on private land and on the basis of an assessment of the needs and rights of mining researchers by landowners. Although landowners may own the land, most of the NSW`s mineral resources are state-owned. Before an explorer can access your country, you must give his consent. In particular, the Mining Act 1992 provides special protection for landowners with respect to dwellings, gardens and substantial improvements, as well as a legal right to compensation for all “compensable losses” incurred by exploration by exploration licence or assessment lease.
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