Part 10Entry to and use of land

Part 10—Entry to and use of land 60—Right of entry to land A licensee may, subject to this Part— (a) enter land to carry out authorised activities on the land; or (b) enter land for the purpose of gaining access to adjacent land on which the licensee proposes to carry out authorised activities. 61—Notice of entry on land (1) A licensee must, at least 21 days before entering land under this Part, give written notice to each owner of the land, in the form required by the regulations— (a) of the licensee's intention to enter the land; and (b) if the licensee proposes to carry out regulated activities on the land—of the nature of the activities to be carried out on the land. (2) Once notice of entry has been given, a further notice for re-entry of the land is not necessary unless the activities to be carried out on the land differ significantly, in nature or extent, from the activities as described in the previous notice. (3) An owner of land who is entitled to receive a notice under this section may, by written notice furnished to the licensee, reduce the required period of notice. 62—Disputed entry (1) An owner of the land may, by giving notice of objection to the licensee, object to the licensee's proposed entry. (2) A notice of objection must be given within 14 days after the licensee's notice of the proposed entry. (3) If an owner gives notice of objection, the licensee must notify the Minister that entry is disputed. (4) When notice of disputed entry is given, the Minister may attempt to mediate between the parties in order to arrive at mutually satisfactory terms under which the licensee may enter the land and (if relevant) carry out regulated activities on the land. (5) If— (a) the Minister decides against attempting to reach a settlement of the dispute by mediation; or (b) an attempt is made but the dispute is not resolved within a period fixed in the regulations for the purposes of this paragraph, either the licensee or the owner may apply to the Warden's Court for a resolution of the dispute. (6) The Warden's Court may, on an application under this section, determine terms on which the licensee may enter the land and carry out regulated activities on the land. 63—Right to compensation (1) The owner of land is entitled to compensation from a licensee who enters the land and carries out regulated activities under this Act. (2) The compensation payable to an owner of land must be directly related to the owner and will be to cover— (a) deprivation or impairment of the use and enjoyment of the land; and (b) damage to the land (not including damage that has been made good by the licensee); and (c) damage to, or disturbance of, any business or other activity lawfully conducted on the land; and (d) consequential loss suffered or incurred by the owner on account of the licensee entering the land and carrying out regulated activities under this Act. (3) The compensation is not to be related to the value or possible value of regulated resources contained in the land. (3aa) Compensation is not payable under this section to the holder of a tenement under the Mining Act 1971 in relation to— (a) any loss represented by a reduction in the value of any minerals that may be recovered under that tenement; or (b) any other loss, deprivation or impairment of a prescribed kind. (3a) The compensation may include an additional component to cover reasonable costs reasonably incurred by an owner of land in connection with any negotiation or dispute related to— (a) the licensee gaining access to the land; and (b) the activities to be carried out on the land; and (c) the compensation to be paid under subsection (2). (4) The compensation is to be determined by agreement or in default of agreement by the relevant court. (5) In assessing compensation under subsection (3a), costs in connection with any negotiation or dispute will not be taken to be reasonably incurred if they arise during any period when a reasonable offer of compensation is open to be accepted by the relevant owner of land. (6) In assessing compensation payable to an owner of land under this section, any other compensation paid or payable under this or any other Act or law to the owner or any other owner, insofar as is fair, reasonable and appropriate to do so and to the extent that the compensation relates to the same matter, damage or loss (as the case may require), must be taken into account. 64—Right to require acquisition of land (1) If the activities of a licensee on land substantially impair the owner's use and enjoyment of the land, the owner may apply to the relevant court for an order under this section. (2) The court may, on an application under this section— (a) make an order transferring the owner's land to the licensee; and (b) order the licensee to pay to the owner, by way of compensation— (i) an amount equivalent to the market value of the land; and (ii) a further amount the court considers just by way of compensation for disturbance.