sec.362Authorisation to enter to facilitate compliance

### sec.362 Authorisation to enter to facilitate compliance The Minister may, by notice, authorise a former holder of a geothermal tenure to enter any of the following land to comply with, or remedy a contravention of, section 129 or this division— the land to which section 129 or this division applies ( primary land ); section 129 (Compliance with land access code) any other land ( secondary land ) necessary or desirable to cross for access to the primary land. The Common Provisions Act , chapter 3 , parts 2 (other than division 5 ), 3 and 7 , and sections 20 and 132 of this Act apply to the former holder for the authorisation as if— the geothermal tenure were still in force (the notional tenure ); and the former holder is the holder of the notional tenure; and the primary land and any secondary land are in the notional tenure’s area; and the compliance or the remedying of the contravention were authorised activities for the notional tenure. However, the power under this section does not include the power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure. If the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show or make a reasonable attempt to show the occupier the former holder’s authorisation under this section. s 362 amd 2014 No. 47 s 304 (sec.362-ssec.1) The Minister may, by notice, authorise a former holder of a geothermal tenure to enter any of the following land to comply with, or remedy a contravention of, section 129 or this division— the land to which section 129 or this division applies ( primary land ); section 129 (Compliance with land access code) any other land ( secondary land ) necessary or desirable to cross for access to the primary land. (sec.362-ssec.2) The Common Provisions Act , chapter 3 , parts 2 (other than division 5 ), 3 and 7 , and sections 20 and 132 of this Act apply to the former holder for the authorisation as if— the geothermal tenure were still in force (the notional tenure ); and the former holder is the holder of the notional tenure; and the primary land and any secondary land are in the notional tenure’s area; and the compliance or the remedying of the contravention were authorised activities for the notional tenure. (sec.362-ssec.3) However, the power under this section does not include the power to enter a structure or a part of a structure used for residential purposes without the consent of the occupier of the structure or part of the structure. (sec.362-ssec.4) If the former holder intends to enter the land and any occupier of the land is present at the land, the former holder also must show or make a reasonable attempt to show the occupier the former holder’s authorisation under this section. - (a) the land to which section 129 or this division applies ( primary land ); Editor’s note— section 129 (Compliance with land access code) - (b) any other land ( secondary land ) necessary or desirable to cross for access to the primary land. - (a) the geothermal tenure were still in force (the notional tenure ); and - (b) the former holder is the holder of the notional tenure; and - (c) the primary land and any secondary land are in the notional tenure’s area; and - (d) the compliance or the remedying of the contravention were authorised activities for the notional tenure.